Chapter 1 Flashcards
what is money laundering
the process by which criminals attempt to conceal the true origin and ownership of the proceeds of their criminal activity, allowing them to maintain control over the proceeds and, ultimately, providing a cover for their sources of income.
3 types of money laundering offences
Acquiring, using, posessing or concealing criminal property
failing to report money laundering
tipping off a client of suspicions
what internal controls and policies should you have to combat money laundering
regular training to ensure client identification procedures are carried out
have a money laundering reporting officer (MLRO) and / or a money laundering compliance principal (MLCP)
what do you need to know in terms of client identification
know clients identity, ownership structure and their operating cash flows
how long should you keep client identification records
at least 5 years from the end of the client relationship
what is suspicion in terms of money laundering
more than speculation but falling short of evidence
what should the MLRO do if they have suspicions of money laundering
report to relevant authority (NCA in UK)
what is CDD
customer due diligence
3 steps of CDD
identify customer and verify identity
identify any beneficial owner who is not the customer
understand the purpose and intended nature of the relationship
what does NOCLAR mean
non compliance with laws and regulations
is the auditor responsible for preventing NOCLAR
no but an audit can deter clients from not complying
what should an auditor consider if possible NOCLAR is discovered
potential financial consequences such as fines, penalties, damages etc
whether the above requires a disclosure
whether the consequences are serious enough to consider the going concern
when would an auditor consider withdrawal from the engagement
when the entity does not take the remedial action the auditor considers necessary
5 steps to dealing with laws and regulations
obtain understanding of laws
if NOCLAR is discovered, obtain further understanding
evaluate impact on FS
report to appropriate management
consider withdrawal form client if they do not co-operate
what audit opinion is required when non compliance has caused a material impact on FS
qualified or adverse