EBA launched a consultation on the revised guidelines on money laundering and terrorist financing (ML/TF) risk factors as part of a broader communication on AML/CFT issues. This update takes into account changes to the EU Anti Money Laundering and Counter Terrorism Financing (AML/CFT) legal framework and the new ML/TF risks, including those identified in the implementation reviews of EBA. The consultation ends on May 05, 2020. Additionally, EBA published its first report on the competent authorities’ approaches to the AML/CFT supervision of banks. This report describes broadly how competent authorities in this year’s sample apply the risk-based approach set out in international standards. This guidelines and report are part of the EBA’s new role to lead, coordinate, and monitor the fight against ML/TF, which has been explained in the accompanying factsheet.
Proposed Guidelines on AML/CFT Risk Factors
The draft guidelines, which are addressed to both financial institutions and supervisors, set out factors that institutions should consider when assessing the ML/TF risk associated with a business relationship or occasional transaction. EBA is proposing key changes, including new guidance on compliance with the provisions on enhanced customer due diligence related to high-risk third countries. New sectoral guidelines have been added for crowdfunding platforms, corporate finance, payment initiation services providers, and account information service providers and for firms providing activities of currency exchanges offices.
The revised guidelines provide more details on terrorist financing risk factors and customer due diligence measures, including the identification of the beneficial owner and the use of innovative solutions to identify and verify customer identity. In addition, the proposed guidelines set clear regulatory expectations of firms’ business-wide and individual ML/TF risk assessments. The proposed changes will significantly strengthen AML/CFT defenses in Europe and foster greater convergence of supervisory practices in areas where supervisory effectiveness has been hampered, so far, by divergent approaches in the implementation of the same European legal requirements.
Report on Approaches of Competent Authorities to AML/CFT Supervision
The EBA findings show that most competent authorities in this year’s sample are taking significant steps to strengthen their approach to AML/CFT supervision. Several competent authorities have made the fight against ML/TF one of their key priorities and, in a number of cases, significantly expanded their AML/CFT supervisory teams. Nevertheless, EBA found that significant challenges remain and are common to all competent authorities in the sample. These challenges include the need to move away from a focus on tick-box compliance to assessing the effectiveness of the AML/CFT systems and controls of banks. Competent authorities also need to strengthen their approach to ensuring compliance by taking more proportionate and sufficiently dissuasive measures to correct deficiencies in the AML/CFT systems and controls of banks. Finally, EBA found that not all competent authorities were able to cooperate effectively with domestic and international stakeholders to draw on synergies and to position AML/CFT in the wider national and international supervisory framework.
- Press Release on Draft Guidelines
- Draft Guidelines (PDF)
- Press Release on AML/CFT Supervision Report
- Report (PDF)
- Factsheet (PDF)
Comment Due Date: May 05, 2020
Keywords: Europe, EU, Banking, AML/CFT, ML/TF Risk, Risk-Based Approach, ML/TF, Guidelines, EBA
PRA published the policy statement PS8/21, which contains the final supervisory statement SS3/21 on the PRA approach to supervision of the new and growing non-systemic banks in UK.
EBA published a report that sets out the final draft regulatory technical standards specifying the conditions according to which consolidation shall be carried out in line with Article 18 of the Capital Requirements Regulation (CRR).
EBA updated the list of other systemically important institutions (O-SIIs) in EU.
BCBS published two reports that discuss transmission channels of climate-related risks to the banking system and the measurement methodologies of climate-related financial risks.
UK Authorities (FCA and PRA) welcomed the findings of FSB peer review on the implementation of financial sector remuneration reforms in the UK.
PRA and FCA jointly issued a letter that highlights risks associated with the increasing volumes of deposits that are placed with banks and building societies via deposit aggregators and how to mitigate these risks.
MFSA announced that amendments to the Banking Act, Subsidiary Legislation, and Banking Rules will be issued in the coming months, to transpose the Capital Requirements Directive (CRD5) into the national regulatory framework.
EC finalized the Delegated Regulation 2021/598 that supplements the Capital Requirements Regulation (CRR or 575/2013) and lays out the regulatory technical standards for assigning risk-weights to specialized lending exposures.
OSFI launched a consultation to explore ways to enhance the OSFI assurance over capital, leverage, and liquidity returns for banks and insurers, given the increasing complexity arising from the evolving regulatory reporting framework due to IFRS 17 (Insurance Contracts) standard and Basel III reforms.
ECB published results of the benchmarking analysis of the recovery plan cycle for 2019.