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Amended AML Regulations June 10, 2020 – Redlined Versions

The following red-lined versions have been created to reflect final amendments to Canadian anti-money laundering (AML) regulations published in the Canada Gazette on June 10, 2020.  Amendments to the Cross-border Currency and Monetary Instruments Reporting Regulations will come into force on June 1, 2020. All other amendments will come into force on June 1, 2021. We have created industry specific blogs to make understanding the changes easier, which are located here.

Redlined versions of all the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations are listed below for download.

These documents are not official versions of the regulations. Official versions can be found on the Government of Canada’s Justice Laws Website.

Regulations Amending the Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Please click the link below for downloadable PDF file.

Regulations Amending the Regulations Amending Certain Regulations Made Under the Proceeds of Crime July 2019 – Redlined_June 2020

Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations

Please click the links below for downloadable pdf files.
PCMLTF_July_2019_Redlined_Full_July_2019 – Redlined_June 2020

Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations

Please click the links below for downloadable pdf files.
PCMLTF_Suspicious_Transaction_Reporting_Regulations_July_2019 – Redlined_June 2020

Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations

Please click the link below for a downloadable PDF file.
PCMLTF_Registration_Regulations_July_2019 – Redlined_June 2020

Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations

Please click the link below for a downloadable pdf file.
PCMLTF_Administrative_Monetary_Penalties_Regulations_July_2019 – Redlined_June 2020

Proceeds of Crime (Money Laundering) and Terrorist Financing Cross-Border Currency and Monetary Instruments Reporting Regulations

Please click the link below for a downloadable pdf file.
PCMLTF_Cross-Border_Currency_and_Monetary_Instruments_Reporting_Regulations_July_2019 – Redlined_June 2020

Need a Hand?

Whether you need to figure out if you’re a dealer in virtual currency, to put a compliance program in place, or to evaluate your existing compliance program, we can help. You can get in touch using our online form, by emailing info@outliercanada.com, or by calling us toll-free at 1-844-919-1623.

Foreign Money Services Business in Canada

Background

On July 10, 2019 the highly anticipated final amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its enacted regulations were released in the Canada Gazette. With this round of changes, Foreign Money Services Businesses (MSBs) will be subject to Canadian AML obligations.  This article is intended to give a high-level summary of the requirements as they relate to Foreign MSBs.

While foreign MSBs will have until June 1, 2020 to become compliant with Canadian requirements, it is highly recommended that you start budgeting and planning from now. It is expected that our regulator, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), will allow foreign MSBs to register ahead of this date.

Note this article should not be considered advice (legal, tax or otherwise). That said, any of the content shared here may be used and shared freely – you don’t need our permission. While we’d love for content that we’ve written to be attributed to us, we believe that it’s more important to get reliable information into the hands of community members (meaning that if you punk content that we wrote, we may think you’re a jerk but we’re not sending an army of lawyers).

What Is A Money Services Business?

MSBs are considered reporting entities under the law in Canada.  This means that they must comply with certain requirements and answer to their regulator.  You are a money services business (MSB) in Canada if your business offers any of the following services to the public:

  • Foreign exchange dealing;
  • Remitting or transmitting funds;
  • Issuing or redeeming money orders, traveller’s cheques and other negotiable instruments;
  • Dealing in virtual currencies.

In the past, foreign MSBs only had to comply with Canadian AML requirements if they had a “real and substantial connection” to Canada. A “real and substantial connection” was defined in FINTRAC policy interpretations as having one or more of the following statements be true:

  • Is the business incorporated in Canada;
  • Does the business have agents in Canada;
  • Does the business have physical locations in Canada; and/ or
  • Does the business maintain a bank account or a server in Canada.

As part of the recent AML amendments, foreign businesses that conduct any of the above transactions, and your services are directed to persons in Canada, Canadian AML obligations will apply.  You will need to be aware of the requirements under Canadian law as they apply to their Canadian customers.

Compliance Program

Under regulation, you will be required to have an anti-money laundering (AML) and counter terrorist financing (CTF) program that consists of these five elements:

  • Written policies and procedures: these list your responsibilities under Canadian law, and what you are doing to meet them.
  • A documented Risk Assessment: a document that describes and assesses the risk that your business could be used to launder money or finance terrorism.
  • The appointment of a Compliance Officer: the person who is ultimately responsible to develop and maintain your Canadian AML and CTF compliance program. Note the person appointed does not have to be located in Canada.
  • AML Compliance Effectiveness Reviews: testing and reporting completed at least every two years that assesses how well your compliance program is working.
  • Training: A documented training plan, and conducting, at least annually, testing to ensure that staff understands their roles and responsibilities as it relates to Canadian law.

Operational Compliance

In addition to a documented program, you will need to ensure you operate in a compliant manner with various requirements as it relates to your Canadian customers. This includes:

  • Collecting and recording client identification information;
  • Know your customer (KYC) information;
  • Reporting certain types of transactions to regulators and government agencies;
  • Maintaining appropriate registration and licensing; and
  • Keeping records.

Client Identification

As an MSB, you will be required to identify Canadian customers in accordance with Canadian law. You must verify the identity of a person who requests the following:

  • requests that they issue or redeem money orders, traveller’s cheques or similar negotiable instruments in an amount of CAD 3,000 or more;
  • requests that they initiate an electronic funds transfer of CAD 1,000 or more;
  • requests that they exchange an amount of CAD 3,000 or more in a foreign currency exchange transaction;
  • requests that they transfer an amount of CAD 1,000 or more in virtual currency;
  • requests that they exchange an amount of CAD 1,000 or more in a virtual currency exchange transaction; or
  • is a beneficiary of an international electronic funds transfer of CAD 1,000 or more, or of a transfer of an amount of CAD 1,000 or more in virtual currency, to whom they make the remittance.

As part of the recent AML changes, the identification methods that can be used to verify identification have been updated and modernized. Previously, a document used to verify identity was required to be “original, valid and current”. You can now confirm the identity of a customer by relying on an identity document where it is “authentic, valid, and current”, meaning you can confirm identification using acceptable documents, presented in an electronic means, so long as it can be authenticated.

There are other methods to verify a customer’s identity, which include referring to their Canadian credit file (Equifax or TransUnion), provided it has been in existence for at least three years, or a dual process method which involves referring to information from two reliable and independent sources.

If the customer is an entity (a company, partnership, trust, etc.), then measures must be taken to confirm the entity’s existence and beneficial ownership. This means certain details must be collected for directors, trustees, beneficiaries of trusts, and anyone that owns or controls 25% or more of an entity.

Registration

You must register as a Foreign MSB with FINTRAC before June 1, 2020. The process itself is relatively straightforward and begins with a pre-registration form. As part of this process, you must provide FINTRAC with complete information about your business, including:

  • Bank account information;
  • Information about your compliance officer;
  • Number of employees;
  • Incorporation information (if your business type is a corporation);
  • Information about your MSB’s owners and senior management, such as their name and date of birth;
  • Certain information about the directors of the company and every person who owns or controls 20% or more.
  • An estimate of the expected total dollar amount of transactions per year for each MSB service you provide;
  • Detailed information about every branch; and
  • Detailed information about every Canadian MSB agent.

Once registered, the registration must be maintained, and you must:

  • Keep information up to date;
  • Respond to requests for, or to clarify, information in the prescribed form and manner, within 30 days;
  • Renew your registration before it expires; and
  • Let FINTRAC know if you stop offering MSB services to Canadians.

SCAM ALERT: There is no cost to register an MSB with FINTRAC – although we’ve heard of several scams claiming that there is a fee. Please ensure that you are only registering through valid FINTRAC sites, which will contain “fintrac-canafe.gc.ca” in the URL. If you have received a phishing email or other request to pay FINTRAC registration fees, we recommend reporting this to both the Canadian Anti-Fraud Centre and to FINTRAC directly.

Reporting

Foreign MSBs are required to report certain transactions to FINTRAC where Canadians are involved, regardless if the funds or the instructions to transfer funds involve Canada. Foreign MSBs will be required to report to FINTRAC the following transactions:

  • The receipt, from a person or entity in Canada, of CAD 10,000 or more in cash;
  • The initiation, at the request of a person or entity in Canada, of an EFT of CAD 10,000 or more, if the EFT is sent or is to be sent from one country to another;
  • The final receipt of an EFT of CAD 10,000 or more, if the EFT was sent from one country to another and the beneficiary is in Canada;
  • The receipt from a person or entity in Canada of CAD 10,000 or more in virtual currency;
  • Any suspicious or attempted suspicious transactions; and
  • Any terrorist property.

We’re Here To Help

If you are a foreign MSB that deals in virtual currency, please check out our blog. If you have any questions related to your compliance obligations in Canada, or need assistance in developing your Canadian AML compliance program, please get in touch!

2019 AML Changes For DPMSs

Background

On July 10th, 2019, the highly anticipated final amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its enacted regulations were published. This article is intended to give a high-level summary of the amendments as specific to DPMSs. If you’re the type that likes to read original legislative text, you can find it here. We also created a red-lined version of the regulations, with new content showing as tracked changes, which can be found here.

It is expected that all regulated entities will have to significantly revamp their AML compliance program due to the amount of changes. There are three different “coming into force” dates that should be noted:

  • June 25, 2019: a wording change from “original” to “authentic” related to identification. This is welcomed news for digital identification.
  • June 1, 2020: changes related dealers in virtual currency (which do not apply to DPMSs).
  • June 1, 2021: all other regulatory amendments.

This does give regulated entities some time to get their AML compliance programs updated and in order, but we recommend that you start budgeting and planning now.

Updated guidance from FINTRAC is expected to be seen ahead of the coming into force dates. Given the legislative changes, there will be changes to FINTRAC policy interpretations as well so be sure to monitor closely and save any interpretations that you may have used for due diligence purposes.

Hefty Disclaimer

This article should not be considered advice (legal, tax or otherwise). That said, any of the content shared here may be used and shared freely – you don’t need our permission. While we’d love for content that we’ve written to be attributed to us, we believe that it’s more important to get reliable information into the hands of community members (meaning that if you punk content that we wrote, we may think you’re a jerk but we’re not sending an army of lawyers).

What Does This Mean For My Business?

Changes to Canada’s AML regulations will have a direct impact on DPMS AML obligations, including the following:

  • Reporting;
  • Customer identification; and
  • Compliance Program requirements.

While there are quite a number of changes, only some will have more of an impact on DPMSs. We’ve summarized the changes that will impact DPMSs below.

Defining a DPMS

The recent amendments has changed the definition of a DPMS slightly to read:

(1) A dealer in precious metals and precious stones, other than a department or an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province, that buys or sells precious metals, precious stones or jewellery, for an amount of $10,000 or more is engaged in an activity for the purposes of paragraph 5(i) of the Act. A department or an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province carries out an activity for the purposes of paragraph 5(l) of the Act when they sell precious metals to the public for an amount of $10,000 or more.

(2) The activities referred to in subsection (1) do not include a purchase or sale that is carried out in the course of or in connection with manufacturing a product that contains precious metals or precious stones, extracting precious metals or precious stones from a mine or polishing or cutting precious stones.

(3) For greater certainty, the activities referred to in subsection (1) include the sale of precious metals, precious stones or jewellery that are left on consignment with a dealer in precious metals and precious stones. Goods left with an auctioneer for sale at auction are not considered to be left on consignment.

Neither the PCMLTFA, nor the Regulations, define consignment. As understanding of the term can vary, we hope to see this defined in upcoming FINTRAC guidance.

Certain activities that were already exempt from the DPMS designation, including manufacturing jewellery, extracting precious metals or precious stones from a mine, and cutting or polishing precious stones, has been expanded to capture other types of manufacturing processes that may also involve the use or consumption of precious metals and stones (e.g. diamonds used to manufacture drill bits). This is described as being consistent with the original policy intent.

FINTRAC Reporting

Large Virtual Currency Transaction Reporting

If you accept, or plan on accepting, payments using virtual currencies like bitcoin, these will be treated similar to cash payments. For any payments valued at CAD 10,000 or more, made by or on behalf of the same person or entity within a 24-hour period, you will need to identify the customer, and submit a report to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

24-hour Rule

The final regulations clarify that multiple transactions performed by, or on behalf of, the same customer or entity within a 24-hour period are to be considered as a single transaction for reporting purposes when they total CAD 10,000 or more. Only one report would need to be submitted to capture all transactions that aggregate to CAD 10,000 or more. For DPMSs, this would apply to recipients of CAD 10,000 or more in cash or virtual currency.

Suspicious Transaction Reporting

Currently, if a reporting entity has reasonable grounds to suspect that a transaction, or requested transaction, is related to money laundering or terrorist financing, a report must be submitted to FINTRAC within 30 days of the date that a fact was discovered that caused the suspicion. The revised regulations amended this to “’as soon as reasonably practicable’ after measures have been completed to establish that there are reasonable grounds to suspect that a transaction or attempted transaction is related to money laundering or terrorist financing”.

This means that a report will be due shortly after a reporting entity conducts an analysis that established reasonable grounds for suspicion. It will be important to have detailed processes for unusual transaction investigations. It will be interesting to see how FINTRAC looks at this obligation during examinations.

Terrorist Property Reporting

A very small change related to Terrorist Property Reports has been made in the final regulations. The timing requirement for filing has changed from “without delay” to “immediately”. This means regulated entities need to report that they are in possession of terrorist property as soon as they become aware.

Information Included in Reports to FINTRAC

Certain information is required in reports to FINTRAC. The final regulations introduce changes to reporting schedules, requiring more detailed information to be filed with FINTRAC then previously was required. Even where information is marked as being optional, if a reporting entity has the information, it becomes mandatory to include it. Some of the additional data fields are:

  • every reference number that is connected to the transaction;
  • type of device used by person who makes request online;
  • number that identifies device;
  • internet protocol address (IP address) used by device;
  • person’s or entity’s user name; and
  • date and time of person’s online session in which request is made.

These fields require significantly more data to be included in reports, especially for transactions that are conducted online. Such changes may mean working with your IT folks to ensure you are retaining the necessary data in a format that will be easy to extract.

For full details on what has changed for FINTRAC report fields, we have created unofficial redline which can be found here.

Customer Identification

Currently, there is a requirement that when customers are identified, the document and/or data that you collect must be in its “original” format. The final regulations replace the word “original” with “authentic”, and state that a document used for verification of identity must be “authentic”, valid and current. This would allow for scanned copies of identification documents, so long as authentication of the identification documents takes place.

In addition, there are provisions that allow reporting entities to rely on the identification conducted previously by other reporting entities. If this method is used to identify a customer, the reporting entity must immediately obtain the identification information from the other reporting entity, and have a written agreement in place requiring the entity doing the identification to provide the identification verification as soon as feasible.

Reasonable Measures

In cases where DPMSs were required to keep records related to reasonable measures to obtain certain information (such as third-party determinations for large cash transactions), the requirement has been removed with this round of changes. It is important to note that you must still take reasonable measures where necessary, and it is only the requirement to keep a record of the measures used that has been repealed.

New Products & Technology Channels

One of the deficiencies identified in the Financial Action Task Force (FATF) review of Canada was not having a requirement to assess new technologies before their launch. With this round of changes, all reporting entities will be required to assess the risk related to their products and delivery channels, as well as the risk associated with the use of new technologies, prior to release.

This has been a best practice since the requirement to conduct a risk assessment came into force but this change makes this a formal requirement.

Training Program

While training is a current obligation, the current revisions introduce an additional requirement, for all regulated entities, in which there must be a documented plan for the ongoing compliance training program, and delivery of that training. In practice, this means that in addition to documenting the training that has been completed, you will need to clearly document future training plans.

We’re Here To Help

If you would like assistance in updating your compliance program and processes, or have any questions related to the changes, please get in touch using our online form on our website, by emailing info@outliercanada.com or by calling us toll-free at 1-844-919-1623.

Fixed Fee AML Reviews For Jewellers

One of the first blog posts that we published was “How to Negotiate Your Consulting Contracts Like A Pro.” We’ve been working closely with the Canadian Jeweller’s Association (CJA) and Jeweller’s Vigilance Canada (JVC), and we’re happy to announce two things that we think will help small and mid sized dealers in precious metals and stones (DPMSs) do just that.

Outlier has updated our no hassle fixed-fee pricing for AML Compliance Effectiveness Reviews for DPMSs. The pricing listed on this page is guaranteed to Canadian DPMS businesses through December 2019.

No Hassle, Fixed-Fee AML Compliance Effectiveness Review Pricing

All DPMSs are required to have AML Compliance Effectiveness Reviews at least every two years. These reviews involve a review and assessment of your compliance program and operational testing. DPMSs receive a formal review report, and Senior Management must provide sign off on the final report within 30 days of the day it’s issued.

While Canadian legislation permits DPMSs to conduct self-reviews (CJA and JVC members can access templates to conduct a self-review here free of charge), some banking service providers require their DPMS clients to use an external reviewer.

To make things easier for Canadian businesses, we’re introducing no hassle pricing. To calculate where you fall on the chart, just add up the number of employees and locations (retail, commercial and/or office).

Number of Employees & Locations* AML Compliance Effectiveness Review Price CJA & JVC Member Special Price**
1 – 2 5,000 4,000
3 – 5 5,500 4,400
6 – 10 6,000 4,800
10 – 20 6,500 5,200
21 + 7,000 5,600

All prices are subject to applicable taxes. Additional fees apply for staff travel and administration related to the sorting of paper documents (where applicable).

*If you have part-time or seasonal employees, count two part-time employees as one employee. Include business owners who are active in running the business as employees. Count each location and/or website as one employee. If you’re not sure about the calculation, feel free to contact us.

**Proof of membership is required.

CJA and JVC Member Savings

If you’re not a member of either CJA or JVC  yet, but like saving money you can learn more and become a member at:

Canadian Jeweller’s Association

Jeweller’s Vigilance Canada

Coast to Coast to Coast

Our Canadian team is here to serve DPMSs in all parts of Canada.

If we don’t have a consultant near you, we will keep costs low by conducting your review remotely. To do this, we will review electronic copies of your compliance program and data. You’ll even be able to see us face to face on Skype calls.

Disclaimers

Outlier cannot be considered an “external reviewer” if we have designed your compliance program or conducted annual training with your staff. In some cases, banking service providers require that you have an external reviewer. Some banking service providers also have specific lists of reviewers whose work they will accept. Please check with your banking service provider to ensure that our review will be acceptable for their purposes.

Need a Hand?

If you’re ready to schedule a review or would like more information please contact us.

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