PROCESSING...
It seems that every time I’m at a conference or event related to compliance, I hear people talking about going “above and beyond” the requirements. Something about this statement has always seemed wrong to me. It wasn’t until recently that I understood why: most of us aren’t getting the basics right.
On July 4th, 2015, draft amendments to Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations were published in the Canada Gazette. These updates are intended to, among other things, strengthen Canada’s anti-money laundering (AML) regime and address certain technical issues. The draft does expand the definition of a money services business (MSB) to include “dealers in digital currency,” but digital currency businesses may still consider submitting comments related to the draft, as the consultation period of 60 days is open to the public.
We’ve created a marked-up version of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR) that reflects the draft amendments posted in the Canada Gazette on July 4th, 2015.
Today’s guest blogger is Jonathan Krumins, Vice-President, AML Risk & Compliance, at vCAMLO Solutions Inc. vCAMLO provides anti-money laundering (AML) and anti-terrorist financing (ATF) support to Canadian credit unions. You can learn more about vCAMLO at www.vcamlo.ca.
At the Canadian Institute’s 14th Annual AML Forum, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) reviewed its expectations for suspicious transaction reporting. FINTRAC emphasized that suspicious transaction reports (STRs) are vital to the agency’s mandate as Canada’s financial intelligence unit (FIU) and ongoing collaboration with law enforcement agencies. While reporting entities (REs) in Canada have been required to report transactions for quite a few years, we’ve had many questions from REs about what FINTRAC expects and looks for in examinations. FINTRAC’s most recent guidance is useful in tuning your technology, enhancing your processes, and asking the right questions at industry association meetings.
The Canadian Money Services Business Association (CMSBA) recently held their Spring Training events in Montreal, Vancouver and Toronto. The list of speakers included MSB industry professionals, as well as representatives from regulators including the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). For a full synopsis of the Montreal and Toronto events, click here. FINTRAC presented excellent statistical data about how MSBs have fared in examinations conducted between April 2011 and July 2014. So how are MSBs faring? Very well overall.
We were fortunate enough to be able to attend the Canadian MSB Association (CMSBA)’s Montreal and Toronto spring training days. For Money Services Businesses (and those affiliated with the industry), the CMSBA is an excellent resource for collaboration, information sharing and advocacy. For those that were not able to attend any of the spring training sessions, here’s a roundup of the topics covered.
The volume of evidence, both empirical and anecdotal, grows every day. The story on the surface is simple enough: banks are making the decision to “de-risk” (a polite way to say close the account of) certain types of businesses including money service businesses (MSBs) and digital currency businesses that are considered “too risky” by traditional financial services providers. The unintended consequences have included strained remittance corridors and frustration for businesses struggling to get by without reliable banking services. While these consequences are well documented, there are other unintended consequences of the de-risking phenomenon that have been less widely discussed. These include a growing lack of transparency between some industries and their banking service providers and directly threatens our ability to effectively manage money laundering and terrorist financing risk at both the financial institution and national levels.
Since Quebec’s MSB Act came into force in 2012, there have been many questions about whether or not the law applied to entities that don’t have a physical presence in Quebec (the answer is yes, if you’re serving customers located in Quebec at the time of the transaction). Most recently, the Authorité des Marchés Financiers (AMF), Quebec’s provincial regulator, has announced that the law applies to digital currency ATMs and exchanges. One of the challenges for businesses that don’t have a physical presence in Quebec is designating a respondent within the province. While Outlier doesn’t have Quebec offices either, we’ve put together some resources to help you navigate the process.
Draft AML Regulations Will Be Released July 4th
Amber D. Scott, Co-Founder, Chairperson & Strategic Advisor on June 30, 2015
Where Can You See The Draft Regulations?
Amendments to Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR) will be published this Saturday, July 4th, 2015 in the Canada Gazette. There will be a 60 day comment period, open to all stakeholders.
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