19. Money Laundering.

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Question English Answer English
What agency is responsible for fighting money laundering?
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National Crime Agency (NCA).
Which Act relates to criminal property?
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Proceeds of Crime Act (POCA) 2002
What Act deals with conduct that was deemed to include anything which would have been an offence had it been committed in the UK, regardless of where it actually happened? (Spanish bullfighter issue)
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Serious Organised Crime and Police Act (SOCPA) 2005
What Act deals with tax evasion?
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The Criminal Finances Act 2017
What act covers the know your customer requirements?
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Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
simply: MLR 2017
Which group of trade bodies publishes guidance on how firms should interpret AML regulations?
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Joint Money Laundering Steering Group (JMLSG)
based on:
Senior Management Arrangements, Systems and Controls (SYSC) Sourcebook
POCA establishes five offences:
5
The Proceeds of Crime Act 2002
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Concealing. | Arrangements*. | Acquisition, use and possession. | Failure to disclose. | Tipping off.
CAAFT
*it could include a person working within a financial organisation giving advice on a transaction.
Money laundering: Concealing, Arrangements and Acquisition are punishable by a jail term up to...
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...14 years.
Money laundering. The Failures to disclose offence covers relevant: Knowledge, | Suspicion or...
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The person does not make the required disclosure to a nominated officer (NO).
Such as the firm’s money laundering reporting officer (MLRO).
All three* Failure to disclose offences are are punishable by a jail term of up...
*Relevant knowledge, suspicion, and not making a disclosure to a nominated officer (NO).
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...5 years.
Money laundering. Tipping off is punishable by a jail term a up to...
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...2 years.
It is possible to commit this offence even if you do not know that a report has actually been made.
Money laundering. What is an objective test?
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asks whether a reasonable person would have known or suspected ML, regardless of whether the person actually knew or suspected it.
Money laundering. Prejudicing investigations, is punishable by a jail term a up to...
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5 years
READ: 2 offences:
Make a disclosure that is likely to prejudice an investigation. | Falsify, conceal or destroy documents relevant to an investigation, or permit such falsification.
3 stages of a money laundering
3
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1. Placement. 2. Layering. 3. Integration.
PLI
MRLO reports to...
The MLRO is an FCA-required function under the SM&CR, so the individual is required to be approved by the regulator.
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NCA
National Crime Agency
MRLO may supported by a separate...
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... compliance function.
How many parts consits the JMLSG Guidance?
Joint Money Laundering Steering Group
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3 parts - General guidance, Sectoral guidance, / Specialist guidance (relating to electronic payments).
The JMLSG Guidance is endorsed by...
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HM Treasury (therefore it does not form part of the FCA’s Handbook).
The JMLSG Guidance approach is __-based.
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risk-based
JMLSG Guidance sets out how authorised firms should manage their risk in terms of ML and...
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... Terrorist Financing (TF).
What does stand for PEP?
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Politically Exposed Person
What does stand for CDD?
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Customer Due Diligence
What does stand for EDD
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Enhanced Due Diligence
Applied in 6 specific circumstances (not provided).
For non-personal customers it will be necessary to conduct identy checks on on public registers, such as...
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... Companies House.
What does stand for SDD?
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Simplified Due Diligence
for low risk persons, such as listed companies, UK public authorities etc.
Under the definition of a PEP, a firm’s obligation to apply EDD measures to an individual ceases after they have left office for...
t i m e
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1 year
Firms are no longer required to apply EDD measures to family members or close associates of a PEP when...
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PEP when the PEP is no longer entrusted with a prominent public function.
PEP definition:
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‘an individual who is or has, at any time in the preceding year, been entrusted with prominent public functions, other than as a middle-ranking or more junior official’.
KYC activities may involve using data from...
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credit reference agencies.

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