PROCEDURES FOR THE FATF FOURTH ROUND OF …

1 PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONSU pdated June 2018 FINANCIAL ACTION TASK FORCE The Financial Action Task Force ( fatf ) is an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. The fatf Recommendations are recognised as the global anti-money laundering (AML) and counter-terrorist financing (CFT) standard. For more information about the fatf , please visit the website: This document and/or any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Citing reference: fatf (2018), PROCEDURES for the fatf FOURTH ROUND of AML/CFT Mutual Evaluations, updated June 2018, fatf , Paris, France, 2018 fatf /OECD.

2 All rights reserved. No reproduction or translation of this publication may be made without prior written permission. Applications for such permission, for all or part of this publication, should be made to the fatf Secretariat, 2 rue Andr Pascal 75775 Paris Cedex 16, France (fax: +33 1 44 30 61 37 or e-mail: PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONS 2018 1 TABLE OF CONTENTS Table of Acronyms .. 2 PROCEDURES for the fatf FOURTH ROUND of AML/CFT Mutual Evaluations .. 3 Introduction .. 3 I. Scope, principles and objectives for the FOURTH ROUND .. 3 II. Changes in the fatf Standards .. 4 III. Schedule for the FOURTH ROUND .. 4 IV. PROCEDURES and steps in the evaluation process .. 4 V. Evaluations of New Members .. 17 VI. Joint mutual evaluations with FSRBs .. 17 VII. IMF or World Bank led assessments of fatf 18 VIII. Co-ordination with the FSAP process .. 19 IX. Follow-up process .. 20 Appendix 1 Timelines for the 4th ROUND Mutual Evaluation Process.)

3 27 Appendix 2 Authorities and Businesses Typically Involved for On-Site Visit .. 32 Appendix 3 Questionnaire for Technical Compliance Update .. 34 PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONS 2 2018 TABLE OF ACRONYMS AML/CFT Anti-Money Laundering / Countering the Financing of Terrorism (also used for Combating the financing of terrorism) CDD Customer Due Diligence DNFBP Designated Non-Financial Business or Profession ECG Evaluations and Compliance Group ES Executive Summary FIU Financial Intelligence Unit FSAP Financial Sector Assessment Programme FSRB fatf -Style Regional Body FT Financing of Terrorism IO Immediate Outcome IFI International Financial Institution (IMF and World Bank) MER Mutual Evaluation Report ML Money Laundering NC Non-compliant PC Partially Compliant STR Suspicious transaction report SRB Self-Regulatory Body TC Technical Compliance PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONS 2018 3 PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONS INTRODUCTION 1.

4 The fatf is conducting a FOURTH ROUND of mutual evaluations for its members based on the fatf Recommendations (2012), and the methodology for assessing Compliance with the fatf Recommendations and the Effectiveness of AML/CFT Systems (2013), as amended from time to time. This document sets out the PROCEDURES that are the basis for that FOURTH ROUND of mutual evaluations. I. SCOPE, PRINCIPLES AND OBJECTIVES FOR THE FOURTH ROUND 2. As set out in the methodology , the scope of the evaluations will involve two inter-related components for technical compliance and effectiveness. The technical compliance component will assess whether the necessary laws, regulations or other required measures are in force and effect, and whether the supporting anti-money laundering (AML) / countering the financing of terrorism (CFT) institutional framework is in place.

5 The effectiveness component will assess whether the AML/CFT systems are working, and the extent to which the country is achieving the defined set of outcomes. 3. There are a number of general principles and objectives that govern fatf mutual evaluations, as well as AML/CFT assessments conducted by the fatf -Style Regional Bodies (FSRBs), IMF or World Bank. The PROCEDURES should: a) Produce objective and accurate reports of a high standard in a timely way. b) Ensure that there is a level playing field, whereby mutual evaluation reports (MERs), including the executive summaries, are consistent, especially with respect to the findings, the recommendations and ratings. c) Ensure that there is transparency and equality of treatment, in terms of the assessment process, for all countries assessed. d) Seek to ensure that the evaluation and assessment exercises conducted by all relevant organisations and bodies ( fatf , IMF, World Bank, FSRBs) are equivalent, and of a high standard.

6 E) (i) be clear and transparent; (ii) encourage the implementation of higher standards, (iii) identify and promote good and effective practices, and (iv) alert governments and the private sector to areas that need strengthening. f) Be sufficiently streamlined and efficient to ensure that there are no unnecessary delays or duplication in the process and that resources are used effectively. PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONS 4 2018 II. CHANGES IN THE fatf STANDARDS 4. As a dynamic process, on-going work within the fatf could lead to further changes to the Recommendations, the Interpretive Notes or the methodology . All countries should be evaluated on the basis of the fatf Recommendations and Interpretative Notes, and the methodology as they exist at the date of the country s on-site visit. The report should state clearly if an assessment has been made against recently amended Standards.

7 To ensure equality of treatment, and to protect the international financial systems, compliance with the relevant elements of the changes could be assessed as part of the follow-up process (see section IX below), if they have not been assessed or as part of the mutual evaluation. III. SCHEDULE FOR THE FOURTH ROUND 5. The schedule of mutual evaluations for the FOURTH ROUND , and the number of evaluations to be prepared each year is primarily governed by the number of MERs that can be discussed at each Plenary meeting, and by the need to complete the entire ROUND in a reasonable timeframe. 6. A schedule of mutual evaluations showing the fixed or proposed date of the on-site visit, of relevant Financial Sector Assessment Programme (FSAP) missions and the date for the Plenary discussion of the MER will be maintained. Any proposed changes to the evaluation dates will require Plenary approval.

8 Normally two MERs will be discussed per Plenary, but this could , on an exceptional basis, extend to three MERs. Other relevant information that will be provided includes information on the countries which have volunteered to provide assessors for forthcoming mutual evaluations. The considerations underlying the sequence of evaluations were: Members' views on their preferred date - members are consulted on the possible dates for on-site visits and Plenary discussion of their MER, and this is taken into account in the schedule. The scheduled date of any possible FSAP mission see section VIII below regarding the timing of the FSAP and of a mutual evaluation. The date of the last mutual evaluation or International Financial Institution (IFI) assessment. IV. PROCEDURES AND STEPS IN THE EVALUATION PROCESS 7. A summary of the key steps and timelines for the assessment team and the country in the fatf mutual evaluation process is set out at Appendix 1.

9 Those steps are described more fully below. The assessed countries and assessment teams have the flexibility to extend the overall timeline by up to one or two months in order to plan around fatf Plenary meetings, events or holidays, or to adjust the date of the on-site visit to the most appropriate time. In practice, this may require an earlier start to the evaluation process as there is no scope for reducing the time allocated to the post-onsite stages of the process, and the assessed country and assessment team should therefore agree on the broad timeline of the evaluation at least 14 months before the fatf Plenary discussion. PROCEDURES FOR THE fatf FOURTH ROUND OF AML/CFT MUTUAL EVALUATIONS 2018 5 PREPARATION FOR THE ON-SITE VISIT 8. At least six months before the on-site visit or as early as possible, the Secretariat will fix the precise dates for the evaluation on-site visit as well as the timelines for the whole process in consultation with the country, and based on the timelines in Appendix 1 (some flexibility is permissible).

10 The country will advise whether they wish to conduct the evaluation in English or French. The onus is on the country to demonstrate that it has complied with the Standards and that its AML/CFT regime is effective, hence, the country should provide all relevant information to the assessment team during the course of the assessment. As appropriate, assessors should be able to request or access documents (redacted if necessary), data, or other relevant information. 9. All updates and information should be provided in an electronic format and countries should ensure that laws, regulations, guidelines and other relevant documents are made available in the language of the evaluation and the original language. (a) Information Updates on Technical Compliance 10. The updates and information provided by the assessed country are intended to provide key information for the preparatory work before the on-site visit, including understanding the country s ML/TF risks, identifying potential areas of increased focus for the on-site, and preparing the draft MER.