AML - General Flashcards
In what circumstances are accountants required to report large cash transactions of $10,000 or more or international wire transfers of $1,000 or more from October 1 2018?
When they are a reporting entity under AML.
Where is the Financial Intelligence Unit located in New Zealand?
Within the New Zealand police.
What acronym is used for the Financial Intelligence Unit?
FIU
What does the FIU provide?
Financial Intelligence
The FIU provides financial intelligence in relation to suspicious transactions, money laundering, the financing of terrorism and what?
Other serious offences.
The FIU provides financial intelligence in relation to suspicious transactions, money laundering, other serious offences and what?
Financing of terrorism.
The FIU provides financial intelligence in relation to suspicious transactions, financing of terrorism and other serious offences and what?
Money Laundering
The FIU provides financial intelligence in relation to financing of terrorism and other serious offences and what?
Suspicious Transactions
Where are the functions and powers of the FIU set out?
in the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).
What does the FIU help the New Zealand government fulfill its obligation to?
The Inter-Governmental Financial Action Task Force
Other than the inter-governmental Financial Action Task Force and the prevention and detection of serious crime, what else does the FIU assist the New Zealand government to fulfill its obligation to?
The Government’s organised crime strategy.
The FIU collects and collates information provided by whom?
External parties and reporting entities.
Who does the FIU especially get information from?
The banks and other financial institutions
After the required analysis, intelligence products are sent to other investigative and intelligence units within who?
Police, sector supervisors, domestic partner agencies and to relevant international agencies.
Other than Suspicious transaction reports, suspicious property reports and border cash reports, what else is the main source of information for the FIU?
Prescribed transaction reports
When did the FIU start collecting prescribed transaction reports from?
November 2017
Other than Suspicious transaction reports, suspicious property reports and prescribed transaction reports, where else does what else is the main source of information for the FIU?
Border cash reports
Other than Suspicious transaction reports, prescribed transaction reports and border cash reports, where else does what else is the main source of information for the FIU?
Suspicious property reports
Other than Suspicious property reports, prescribed transaction reports and border cash reports, where else does what else is the main source of information for the FIU?
Suspicious transaction reports
Other than the Reserve Bank of New Zealand and the Financial Markets Authority, who else monitors the reporting entities within different sectors?
The Department of Internal Affairs.
What is a word which means a classification according to general type, especially in archaeology, psychology, or the social sciences?
Typology
What is a typology?
A classification according to general type, especially in archaeology, psychology, or the social sciences.
What typologies does the FIU produce?
Typologies of money laundering and financing of terrorism transactions.
What are the typologies produced by the FIU, produced in?
A quarterly report.
What is the Egmont Group?
A united body of 155 Financial Intelligence Units (FIUs) from across the world.
What does the Egmont Group provide?
A platform for the secure exchange of expertise and financial intelligence to combat money laundering and terrorist financing.
When was the Egmont Group formed?
In 1995
How did the Egmont Group get its name?
From the Egmont Arenberg Palace in Brussels, where the first meeting took place.
What forms the bulk of the FIU?
The analytics team.
What does the NIA stand for under AML?
National Intelligence Application
Who uses the NIA under AML?
The police
How do the police use the NIA?
To determine details such as whether previous criminal history.
What is a STR under AML?
Suspicious transaction report
What is the acronym for Suspicious Transaction Report?
STR
What is a section 143A under AML?
An official request for information.
What is an official request for information under AML called?
A section 143A request.
Where are cash dogs used?
At the airport.
What are cash dogs used for?
Sniffing out people carrying large amounts of cash.
Are trusts considered a risk under AML?
Yes
When are trusts especially considered a risk under AML?
When there are overseas people involved.
What is a SAR under AML?
Suspicious Activity Report?
What is a PTR under AML?
A prescribed transaction report.
What are accountants allowed to do with respect to their clients? With respect to AML.
Ask them questions.
What are accountants not allowed to do with respect to their clients with respect to AML?
Tell them they’re going to file a report.
Why is an accountant telling their clients that they are going to file a report, illegal with respect to the AML?
Its considered to be ‘tipping off’.
What is an example of a legitimate question for accountants to ask their clients under AML?
What is the reason for their structure.
What is the TSA?
Terrorism Suppression Act.
What does ‘layering’ mean with regards to the AML?
The middle stages of money laundering.
What is a word for the middle stages of money laundering?
Layering
What is an AML / CFT Programme under section 5 of the AML / CFT Act?
A programme established under section 56(1) of the AML.
What are AML Requirements under section 5 of the AML / CFT Act?
Requirements set out in Part 2 of the AML Act.
What is an AML /CFT Supervisor in relation to a reporting entity?
The person referred to in section 130(1) who is responsible for supervising the reporting entity under parts 3 and 4.
What is the first type of reporting entity under section 5 of the AML / CFT Act?
A Casino
What is the second type of reporting entity under section 5 of the AML / CFT Act?
A designated non-financial business or profession.
What is the third type of reporting entity under section 5 of the AML / CFT Act?
A financial institution.
What is the fourth type of reporting entity under section 5 of the AML / CFT Act?
A high-value dealer.
What is the fifth type of reporting entity under section 5 of the AML / CFT Act?
The New Zealand Racing Board
Under part b) part i) of the definition of reporting entity, what type of person does a reporting entity also include?
A person or class of persons declared by regulations to be a reporting entity for the purposes of the AML Act.
Under part b) part ii) of the definition of reporting entity, what type of person does a reporting entity also include?
Any other person who is required by any other enactment to comply with the AML Act as if it were a reporting entity.
Under part c) of the definition of reporting entity, what type of person or class of persons is excluded from being a reporting entity?
Any person or class of persons declared by regulations not to be a reporting entity for the purposes of the AML Act.
What is an acronym which describes the types of businesses and professionals potentially considered reporting entities under AIM because of being considered a non-financial business or profession conducting activities in the ordinary course of business which come within the requirements of a reporting entity for AIM?
‘LCIART’
What is a potential method of remembering the acronym ‘LCIART referring to types of business coming within the requirements for AML’?
Large camels in a railway train
What does the ‘L’ stand for in LCIART?
Law Firm
What does the ‘C’ stand for in LCIART?
Conveyancing Practitioner
What does the ‘I’ stand for in LCIART?
Incorporated Conveyancing Firm
What does the ‘A’ stand for in LCIART?
Accounting Practice
What does the ‘R’ stand for in LCIART?
Real Estate Agents
What does the ‘T’ stand for in LCIART?
Trust and Company Service Provider
What acronym stands for the type of activities in the ordinary course of business which come within the requirements of AML?
FNRMRA
What is a potential method of remembering the acronym FNRMRA the type of activities in the ordinary course of business which come within the requirements of AML?
Friendly new rabbits munching red asparagus.
What does the ‘F’ stand for in FNRMRA?
Formation agents
What does the ‘N’ stand for in FNRMRA?
Nominee director. Nominee shareholder or trustee.
What does the first ‘R’ stand for in FNRMRA?
Registered Office
What does the ‘M’ stand for in FNRMRA?
Managing Client Funds
What does the second ‘R’ stand for in FNRMRA?
Real Estate Agency Work
What does the second ‘A’ stand for in FNRMRA?
Agent for Conveyancing
When does providing a registered office or business address not fit within the types of businesses and professionals potentially considered reporting entities under AML?
When that registered office or business address is ancillary to the provision of other services not coming within the definition of the requirements for AML.
What does managing client funds include and not include for the purposes of coming within AML?
It does not include sums paid as fees for professional services but does include managing of accounts, securities or other services.
What acronym describes transactions which come within the definition of AML even if not in the ordinary course of business when performed by a designated no financial business or profession?
RTTT
definition of AML even if not in the ordinary course of business when performed by a designated no financial business or profession?
Racing cars trailing touring trucks
What does the ‘R’ stand for in the AML acronym RTTT?
Real estate transactions
What does the first ‘T’ stand for in the AML acronym RTTT?
Transfer of beneficial interest in land or other real property.
What does the second ‘T’ stand for in the AML acronym RTTT?
Transactions in relation to buying or selling a business.
What does the third ‘T’ stand for in the AML acronym RTTT?
Transactions in relation to creating, operating and managing a legal person such as a company, and any other legal transaction.
What AML typologies involving accountants are considered to be a major risk by the FIU with major consequences of an increase?
Shell companies, nominees, trusts, 3rd parties etc
What is the first thing that accountants who are reporting entities required to do by 1 October 2018?
Appoint an AML / CFT Compliance Officer
What is the second thing that accountants who are reporting entities required to do by 1 October 2018?
Produce a risk assessment.
What is the second thing that accountants who are reporting entities required to do by 1 October 2018?.
Establish an AML/ EFT Programme
What is the first thing that that accountants who are reporting entities required to do as part of operations after 1 October 2018?
Vet and train employees.
What is the second thing that that accountants who are reporting entities required to do as part of operations after 1 October 2018?
Perform Customer Due Diligence.
What is the third thing that that accountants who are reporting entities required to do as part of operations after 1 October 2018?
Get an independent audit of Risk Assessment and AML / CFT Programme every two years.
What is the first thing that that accountants who are reporting entities required to do as part of reporting, after 1 October 2018?
Report suspicious activities and prescribed transactions.
What is the second thing that that accountants who are reporting entities required to do as part of reporting, after 1 October 2018?
File an annual report
What is the first reason it is necessary that AML applies to accountants?
Evidence based support from past and current cases.
What is the second reason it is necessary that AML applies to accountants?
Professional facilitators are a significant feature of serious criminal offending.
What is the third reason it is necessary that AML applies to accountants?
Professionals have vulnerabilities that criminals may take advantage of.
Other than as a form of investment, how are houses used by organised crime?
As ‘grow houses’.
What is required in this scenario?
An Accountant’s firm is the registered mailing and contact in New Zealand for:-
• Company ABC Limited based overseas in Panama;
• 4 directors;
• All directors are domiciled overseas.
- Do you know your Customer / client?
- Change in (Companies Act) legislation -requiring 1 director to reside in New Zealand unless he / she resides in Australia and is a director of a company incorporated in Australia.
What is required in this scenario?
• You have received a sum of money from a client;
• The client asks you to transfer some or all of the money to a third party;
• You transfer from your account to a third party.
- Do you know the origins of these funds?
* Could you be inadvertently be drawn into a criminal matter.
What acronym could be used with regards to AML and Shell Companies?
LAALCS
How could the acronym LAALCS with regards to AML be remembered?
Large apes are launching coal ships.