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Financial Services Regulators to Host AML/CFT Risk Management Conference

The Central Bank of The Bahamas has announced that it will host along with The Group of Financial Services Regulators of The Bahamas,  The 2018 National AML/CFT Risk Management Conference. The Governor of the Central Bank of The Bahamas in making the announcement stated that “We at the Central Bank of The Bahamas are pleased to be collaborating with all of our supervisory partners.  The Group of Financial Services Regulators or GFSR consists of the financial services regulators in The Bahamas.  This regulatory body includes the Central Bank of The Bahamas, the Compliance Commission of The Bahamas, the Inspector of Financial and Corporate Service Providers, the Insurance Commission of The Bahamas and the Securities Commission of The Bahamas.   Together, we are committed to ensuring that the culture of compliance which characterises this jurisdiction is maintained and augmented. The Bahamas remains and has consistently taken steps to ensure that we adhere to international standards of best practice with respect to anti money laundering and the counter financing of terrorist. This is evidenced with by the legislative framework and supervisory regime. The International Monetary Fund notes, “AML/CFT controls, when effectively implemented mitigate the adverse effects of economic activity and promote integrity and stability in financial markets.” The Conference will be held from Sunday, September 16 through Tuesday, September 18 at the Baha Mar Convention Centre in Nassau, The Bahamas.  All relevant stakeholders and licensees of the Group of Financial Services Regulators  are encouraged to actively participate in this event.

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EU Council on Money Laundering and Terrorist Financing

The Council has agreed its negotiating stance on strengthened EU rules to prevent money laundering and terrorist financing. Today the Permanent Representatives Committee, on behalf of the Council, asked the incoming presidency to start talks with the European Parliament. The draft directive pursues two main objectives: (a) preventing the financial system being used for the funding of criminal activities; and (b) strengthening transparency rules to prevent the large-scale concealment of funds. It is aimed at closing down the financial means of criminals without creating unnecessary obstacles to the functioning of payment systems and financial markets. The text amends directive 2015/849, adopted in May 2015. [December 2016 draft directive on the prevention of money laundering and terrorist financing](http://data.consilium.europa.eu/doc/document/ST-15605-2016-INIT/en/pdf) [Statements accompanying December 2016 draft directive on the prevention of money laundering ](http://data.consilium.europa.eu/doc/document/ST-15615-2016-ADD-1/en/pdf) [Full EU Council Release with Links](http://www.consilium.europa.eu/en/press/press-releases/2016/12/20-money-laundering-and-terrorist-financing/?utm_source=dsms-auto&utm_medium=email&utm_campaign=Money+laundering+and+terrorist+financing%3a+Council+agrees+its+negotiating+stance)

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Equipping Lawyers in Fight Against Corruption

The OECD has joined forces with the [International Bar Association](http://www.ibanet.org/) (IBA) to form a task force to develop professional conduct standards and practice guidance for lawyers involved in establishing and advising on international commercial structures and recommended actions for governments. The OECD-IBA Task Force on The Role of Lawyers and International Commercial Structures is expected to be a key component in the global fight against corruption. It will work to develop appropriate guidance with respect to forming international commercial structures, while ensuring that confidence in both the lawyers’ role and the core principles of the legal profession are preserved. According to the OECD, in completing legal transactions for their clients, lawyers may knowingly or unwittingly assist clients in asset concealment or money laundering. International standards, such as the Recommendations of the Financial Action Task Force (FATF), already provide a framework for conducting due diligence on customers and identifying the beneficial owner. However, countries’ implementation of these standards has been variable. OECD Director for Legal Affairs Nicola Bonucci says, *”Lawyers play a key role in our societies and the best way to ensure that they can continue to fulfil such a role is to work together on the design of good professional standards which can be used by all lawyers irrespective of their countries of origin or operation. Mere formal respect of the law is a necessary but not always sufficient condition and experts from the OECD and from the IBA will confront their point of view and work together in order to ensure that these professional standards meet the expectations of the various stakeholders. This pioneering work will not substitute or conflict with existing international and national requirements and will complement other ongoing OECD work on the role of tax intermediaries.”* And IBA President David W. Rivkin commented, *”It is undeniable that lawyers must play a central role in complex offshore financial transactions. To ensure that they do not unwittingly facilitate economic crime, it is imperative that lawyers ask the right questions of their clients, vet them sufficiently, understand who are to be the ultimate beneficiaries of their client’s actions, and have an understanding of sovereign laws. In practice, inevitably complications arise. For example, what are a law firm’s obligations when conflicting sovereign laws apply in cross-border transactions? Recent events have shown that existing international and professional standards may not provide sufficiently clear guidance to lawyers who handle such transactions. Recent actions also present the danger that in their anti-corruption activities, governments may ignore the need for lawyers to advise their clients in confidence. For this reason, the IBA has partnered with the foremost inter-governmental organisation analysing and promoting economic policies, the OECD, to create appropriate standards while, at the same time, respect the fundamental rules applicable to the profession that are a key element of the rule of law. Each organisation will bring its relevant expertise to the project.”* [OECD Release](http://www.oecd.org/newsroom/oecd-and-iba-join-forces-to-develop-practice-guidance-to-equip-lawyers-in-fight-against-corruption.htm) [IBA Release](http://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=f549d8eb-2036-423c-b4d1-9f565ee6e8b1)

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Measures to Combat Money Laundering and the Financing of Terrorism and Proliferation in Switzerland

The FATF has concluded an assessment of Switzerland’s anti-money laundering and counter-terrorist financing (AML/CFT) system, based on the 2012 FATF Recommendations. This assessment reviews both the level of effectiveness of Switzerland’s AML/CFT regime as well as its level of technical compliance with the FATF Recommendations. Overall, Switzerland’s AML/CFT regime is technically robust and has achieved good results. It would still benefit from some improvements in order to be fully effective. [FATF Release](http://www.fatf-gafi.org/countries/s-t/switzerland/documents/mer-switzerland-2016.html) [Mutual Evaluation Report](http://www.fatf-gafi.org/media/fatf/content/images/mer-switzerland-2016.pdf)

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European Council Adopts Directive on Access to Beneficial Ownership Information

The Council today adopted a Directive granting access for tax authorities to information held by authorities responsible for the prevention of money laundering. According to a release from the EU, the Directive will require member states to provide access to information on the beneficial ownership of companies. It will enable tax authorities to access that information in monitoring the proper application of rules on the automatic exchange of tax information. The EU Council says tax authorities need greater access to information on the beneficial ownership of intermediary entities and other relevant customer due diligence information. The Directive is expected to *”help prevent tax evasion and tax fraud.”* [EU Release](http://www.consilium.europa.eu/en/press/press-releases/2016/12/06-beneficial-ownership-information/)

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European Parliament – Automatic Exchange of Bank Account Information

Members of the European parliament (MEPs) [have approved plans](http://www.europarl.europa.eu/news/en/news-room/20161117IPR51550/tax-evasion-meps-back-automatic-exchange-of-bank-data-to-track-account-owners) to allow European tax authorities to automatically share certain information about bank account holders in order to prevent tax evasion and other financial crimes. Changes to a 2011 directive on “administrative cooperation” in tax matters come into force immediately, and must be implemented by member states before the end of 2017. The resolution voted on by MEPs highlighted the need for “close cooperation and coordination among EU countries”, given the close links between money laundering, terrorist financing, organised crime and tax evasion. The new rules will enable and oblige tax authorities that have anti-money laundering responsibilities to automatically share bank account information with their counterparts in other member states, wherever they are in the EU. The information covered includes bank account balances, interest income and dividends. *”Huge efforts made in transparency are the only way to fight against this scourge [tax evasion] that affects public finances,”* said Emmanuel Maurel, the French MEP who acted as rapporteur on the parliament’s position.

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FATF October Plenary

The first Plenary meeting of Plenary year FATF-XXVIII was held in Paris on 19-21 October, under the Spanish Presidency of Mr. Juan Manuel Vega-Serrano. The Plenary dealt with a number of issues, including: * Work on Terrorist Financing * FATF Work to Improve Transparency and Access to Beneficial Ownership Information * Correspondent Banking Relationships *(Guidance issued. See below)* * FinTech * FATF FIU Heads Forum * Mutual Evaluation Reports of Switzerland and the United States The Plenary also considered 2 public documents identifying jurisdictions that may pose a risk to the international financial system; a Statement on Brazil’s progress in addressing the serious deficiencies identified in its mutual evaluation reports; an Update and Recognition of AML/CFT Improvements in Guyana; and an Update on the progress made on the development of the FATF Training and Research Institute. **Correspondent Banking** On the matter of the decline in correspondent banking relationships, the FATF developed guidance with input from the private sector, and in collaboration with other interested international bodies, including the Financial Stability Board (FSB), which is coordinating a four-point action plan to assess the extent of de-risking problem and identify possible policy responses. This guidance addresses one of the points of this action plan: the clarification of regulatory expectations. [FATF Guidance on Correspondent Banking](http://www.fatf-gafi.org/media/fatf/documents/reports/Guidance-Correspondent-Banking-Services.pdf?j=1889181&e=dcomito@bfsb-bahamas.com&l=346_HTML&u=30113739&mid=1062735&jb=0) [Other October FATF Plenary Outcomes](http://www.fatf-gafi.org/publications/fatfgeneral/documents/outcomes-plenary-october-2016.html?j=1889181&e=dcomito@bfsb-bahamas.com&l=346_HTML&u=30113738&mid=1062735&jb=0#Decline-CB) **About the FATF** The [Financial Action Task Force](http://www.fatf-gafi.org/) (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.

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FATF Report to G20 Finance Ministers and Central Bank Governors

The Financial Action Task Force (FATF) has published its report to G20 Finance Ministers and Central Bank Governors which sets out its on-going work to improve the implementation of international standards on transparency, including on the availability and exchange of beneficial ownership information, to prevent the misuse of companies, trusts, and other corporate vehicles. Improving transparency has been on the FATF agenda since 2003 when it first introduced international standards on beneficial ownership. Subsequent assessments of countries highlighted weaknesses in the way many countries had implemented these standards. In 2012, the FATF strengthened the standards and addressed vulnerabilities such as bearer shares. The FATF standards now set out comprehensive measures to ensure transparency to prevent the misuse of corporate vehicles, which are globally recognised and are also used in the peer review process of the [Global Forum on Transparency and Exchange of Information for Tax Purposes](http://www.oecd.org/tax/transparency/) (Global Forum) The current cycle of FATF mutual evaluations places a greater emphasis on determining whether a country’s measures are effective in practice. Recent revelations as well as a review of the first nine country reports in FATF’s current assessment cycle have highlighted that many countries still do not implement the beneficial ownership requirements effectively. The challenge today is not the lack of international standards to improve transparency. The challenge lies in the effective implementation of these measures, which is why the FATF will work on the following proposals to improve countries’ implementation: * More emphasis on beneficial ownership in the follow-up processes to FATF mutual evaluations. * Clear and consistent recommendations to assessed countries on how to improve effective implementation of beneficial ownership requirements. * Enhanced cooperation between the FATF and the Global Forum to reinforce each other’s work to improve transparency in relation to beneficial ownership. These proposals build on existing FATF work and reflect discussions with the Global Forum who issued their report to the G20 separately. [FATF Report](http://www.fatf-gafi.org/media/fatf/documents/reports/G20-Beneficial-Ownership-Sept-2016.pdf) [Global Forum Report](http://www.oecd.org/g20/topics/taxation/oecd-secretary-general-tax-report-g20-finance-ministers-october-2016.pdf) **About the FATF** The Financial Action Task Force (FATF) is an inter-governmental body established in 1989 as the global standard-setter for measures to combat money laundering and terrorist financing, and other related threats to the integrity of the international financial system. The FATF has developed the 40 Recommendations, which are the international standard for combating of money laundering and the financing of terrorism and proliferation of weapons of mass destruction. As well as setting standards, the FATF is responsible for regular assessments of how well members are implementing the Recommendations, and takes action against countries which are non-compliant.

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FATF Plenary Meeting

The Financial Action Task Force (FATF) held its fourth meeting of the FATF-XXVII Plenary Year in Busan, Korea June 22-24 – under the Korean Presidency of Mr. Je-yoon Shin. The main issues dealt with were: * Work on terrorist financing * Two public documents identifying jurisdictions that may pose a risk to the international financial system * Further work to improve the implementation of the FATF Standard on beneficial ownership information on legal persons and legal arrangements * Consolidation of FATF Standards on information sharing. Discussion of the mutual evaluation reports of Austria, Canada and Singapore. * Statement on Brazil’s progress in addressing the serious deficiencies identified in its mutual evaluation reports, and the issues that remain. * An update on AML/CFT improvements in Myanmar and Papua New Guinea. * Developments in the decline in correspondent banking. * The establishment of the FATF Training and Research Institute (TREIN). Click [here](http://www.fatf-gafi.org/publications/fatfgeneral/documents/plenary-outcomes-june-2016.html) for full report on the Outcomes of the Plenary Meeting. **FATF Plenaries** The FATF’s plenary year begins in July and ends in June. Korea holds the Presidency during this Plenary year. During a plenary year, the FATF holds three plenary meetings, a meeting of experts on typologies, and, depending on the focus of current work, intersessional meetings and meetings of various ad hoc groups. The plenary meetings usually take place in October, February and June of each year. All of these meetings are only open to delegations from FATF members, observer jurisdictions and observer organisations. They are not open to the public.

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The Fight Against Illicit Financial Flows

The OECD says the issue of illicit financial flows (IFFS) is at the forefront of the international agenda. Both the OECD and the [High Level Panel](http://www.uneca.org/iff) on IFFS from Africa have focused attention on this problem – and have identified ways in which to tackle it. In the wake of recent revelations in the media exposing the use of secrecy, shell companies, and offshore accounts for illegal activities, it says, there is an urgent need for the international community to come together, as money-laundering, tax evasion and international bribery which form the bulk of IFFs, affect all countries. Click [here](http://www.oecd.org/tax/exchange-of-tax-information/joint-statement-on-the-fight-against-illicit-financial-flows-by-angel-gurria-and-thabo-mbeki.htm) for the full joint statement from OECD Secretary General Angel Gurría and Thabo Mbeki, Chair of the High Level Panel, and [here](http://www.oecd.org/tax/visit-of-thabo-mbeki-and-the-high-level-panel-on-illicit-financial-flows-from-africa-introductory-remarks.htm) for the Secretary-General’s introductory remarks on the occasion of the visit from High Level Panel colleagues.

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