AML/ Terrorist Financing Flashcards
What is the aim of the Bribery Act, 2010?
It aims to reduce bribery in business in the UK and abroad.
What are the 6 Principles of the Bribery Act?
- Consistency
- Proportionality
- Due Diligence
- Risk Assessment
- Monitoring & review
- Top Level Commitment
What are the four offences of the Bribery Act?
- Giving a Bribe
- Receiving a Bribe
- Facilitating a Bribe
- Bribing a public official
Who is responsible for corrupt acts within companies?
Companies are responsible for the corrupt acts of their employees. The only defence is that the correct procedures were in place to prevent bribery.
What are the Penalties under the Bribery Act?
Up to 10 years in prison for the individual and an unlimited fine for companies. Policed by the Serious Fraud Office.
What is your companies gift policy?
- Gifts over £50 must be declined. However, if doing so would cause offence, you must work with your Manager / Head of Office to raffle the goods for charity, or share amongst the team. These must also be logged in the Savills UK gift register.
- All gifts proposed to be sent to a client over £50 must be pre-approved by your Head of Division and also logged in the Savills UK gift register.
- You must never give or receive gift vouchers / gift cards (as these are cash equivalents).
What is your companies entertainment policy?
- All entertainment over £125 per head (or an aggregate of £500 per head per year) to be pre-approved by your Head of Division.
- You must never give or receive gifts/entertainment if you are undertaking a tender process with the client/supplier.
What is your companies entertainment policy?
- All entertainment over £125 per head (or an aggregate of £500 per head per year) to be pre-approved by your Head of Division.
- You must never give or receive gifts/entertainment if you are undertaking a tender process with the client/supplier.
What is Money Laundering?
When the proceeds of criminal activities are disguised or converted and then realised as legitimate assets.
What are the Key Provisions of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, amended 2019?
- Firms must have:
- written money laundering or terrorist financing risk assessment
- Implement systems to address money laundering and terrorist financing risks
- Adopt appropriate internal controls
- Provide staff training
- Keep records
- Agents must:
- Comply with new customer Due Diligence checks.
- Edd for PEPs and seek additional info in certain cases
- AML checks must be undertaken to confirm the identity of a proposed purchaser
- check the purchasers source of funds by the vendors agent before contracts are exchanged.
What are an Estate Agents Legal obligations for AML?
CDD Checks on vendors, purchasers, landlords and tenants will have to be undertaken on any new sales/ letting or reletting.
EDD Checks will have to be undertaken if red flags occur (e.g. involving high risk countries or non face to face business relationships.
When would firms scrutinise transactions?
If they are:
- Complex
- Unusually large
- Part of an unusual pattern of transactions
- Without apparent economic or legal purpose
What is CDD for an individual?
- Copy of Passport or driving license with photo
- Copy of bank statement, credit card bill, council tax statement or utility bill to show evidence of address - not more than 3 months old.
What is CDD for a PLC?
London Stock Exchange listing
What is CDD for a publicly accountable body?
Establish the government ownership or control