Spring 2007 Training Course/Seminar Series


How To Combat Money Laundering And Terrorism Financing

4-day intensive residential programme, 1-5 April 2007
Venue: Cumberland Lodge, The Great Park, Windsor

Course chairman: Richard Pratt, Former Director General of the Jersey Financial Services Commission

Series Adviser: Charles Goodhart, CBE, Professor Emeritus, London School of Economics, Financial Markets Group

Details of how to register are here

 

 

Dear Delegate,
 
HOW TO COMBAT MONEY LAUNDERING AND TERRORISM FINANCING


The fine line that regulators currently have to observe between their obligations to governments and their duties to their customers – vividly illustrated in the controversy over SWIFT’s transfer of personal banking data to American anti-terrorism experts – poses many difficulties also for central banks and regulators in the field of anti-money-laundering.

While the fight against money laundering has been aided by the establishment of laws and regulations which conform to international standards, central banks and financial regulators still face many practical challenges in this area.

The questions crowd in. How should the regulator balance the need for robust anti-terrorism frameworks with increasing demands for consumer privacy protection? With money laundering increasingly occurring across borders, what are the best ways to deal with extra-territorial issues?

Above all, how should central banks and regulators prepare for an external evaluation?

The examiners are a formidable bunch. The Financial Action Task Force, the US Treasury, the International Monetary Fund and the European Union are all calling on national regulators to upgrade their anti-money-laundering regimes. New requirements are continually added.

This training seminar pinpoints not only what financial policymakers must do to prevent the misuse of their banking/financial/payments system for money laundering or other criminal purposes, but also how they can address the international pressure to demonstrate compliance with standards.

It is a pragmatic course, intended to provide practical solutions for financial supervisors charged with ensuring commercial banks’ compliance, as well as in their capacities as overseers of national payments systems.

The seminar meets in roundtable format to allow an international group of delegates maximum opportunities to learn from each other. The elite panel of speakers comprises leading regulators, academics and practitioners.
The seminar will be chaired by Richard Pratt, former director general of the Jersey Financial Services Commission and now a regulatory consultant to the IMF and others, who writes and lectures on anti-money-laundering issues. All discussions are held in small groups to encourage lively and informal debate. The discussions are completely private, and only public policy officials are able to attend.

Key sessions examine:
• changing international standards for best practice in this area;

• key steps involved in upgrading and reforming national anti-money-laundering systems;

• meeting the expectations of international evaluators; and

• models for international cooperation between regulators and judicial and investigative authorities around the world.

Each topic allows participating supervisors and central bankers an opportunity to “benchmark” their work against best practice internationally and to exchange views with their peers in an informal setting.

For more information about the programme, please take a few moments to look at the detailed course contents presented on the pages which follow.

I look forward to welcoming you to Windsor.

Yours sincerely,
William Clarke, PhD, CBE
Chairman, Central Banking Publications

 
Sunday 1st APRIL

Registration and Welcoming Dinner 
 
Monday 2nd APRIL

UNDERSTANDING THE NEW INTERNATIONAL STANDARDS
Course chairman: Richard Pratt, Former Director General of the Jersey Financial Services Commission
 

Introduction, course overview and participant introductions
Led by Richard Pratt

This session will introduce the course and invite delegates to discuss the main challenges their organisations face, drawing on the wide range of expertise and experiences present. Participants will also be offered the opportunity to express their main areas of interest for discussion during the course.

The revised FATF- and other international standards

Professor
Michael Levi (invited)
School of Social Sciences, Cardiff University

Financial market authorities must be aware of all the challenges and responsibilities imposed on them by the revised FATF standards and international expectations of anti-money-laundering regimes. In addition, supervisors must understand how, in practical terms, international standards can be adapted to prevailing legal and national circumstances. This session will consider how to interpret and implement these standards, including issues such as predicate offences, suspicious transaction reporting and asset freezing.

How to meet US extraterritorial requirements
Dr Kern Alexander
Judge Institute, Cambridge University

Following the terrorist attacks in America, the US administration has placed efforts to deny funds to terrorists, and prevent money laundering, at the top of its agenda. The PATRIOT Act provides US authorities with substantial new powers to regulate the global activities of multinational banks. Given the significance of the US dollar in the world’s financial system, US legislation has a profound effect on any institution with an international presence. This session examines the implications of this legislation for non-US supervisors.

Preparing for an external evaluation

John Aspden
CEO of the Financial Supervision Commission, Isle of Man

Increasingly, financial supervisors themselves are expected to submit to evaluation by international examiners. Such evaluations now focus not only on the financial regulatory regime in general, but also on how well the regime works to combat money laundering. How are these evaluations conducted, and what do supervisors need to understand about the evaluation process? How can financial market authorities best cooperate with this scrutiny to achieve the most positive outcome?

 
Tuesday 3rd APRIL

IMPLEMENTING AML FRAMEWORKS
Course chairman: Richard Pratt
 

The issues facing banks in a risk-based regulatory environment
Hans-Peter Bauer
Former Head of Regulatory Relations at UBS, and Chairman of the Wolfsberg Group

Modern, global banks face immense regulatory and reputational risk in connection with money laundering. In response, they have allocated substantial resources to anti-money-laundering controls, and have also developed risk-based approaches to deploying these resources. This session will explore how international banks in practice defend against money laundering, the implications of regulatory requirements and how the actions of regulators can help or hinder these efforts.

Implementing anti-money-laundering defences
Andrew Le Brun
Director of International and Policy Division, Jersey Financial Services Commission (invited)

Regulation varies from country to country due to variations in the national legal framework, in the regulator’s scope, powers and duties, and in the regulator’s policies and style. But all regulators have to commit to a professional approach - to transparency, objectivity, a methodical approach, strong technical knowledge, continuous learning and high standards. This session will consider the approach of the UK’s Financial Services Authority to these challenges.

Mounting investigations: case studies
David Thompson
Former Head of Economic Crime, Northern Ireland (invited)

Cooperation between regulatory and law enforcement authorities must be at the heart of an effective AML regime. This session, drawing on the experience of the presenter as an investigator in Northern Ireland, will look at how investigations into money-laundering activities are conducted, drawing on case studies to highlight the use of information obtained through AML programmes and the role of the regulator in providing assistance.


Combating terrorist financing

Philip Robinson (invited)
Financial Crime Sector Leader, FSA

The desire to track, disrupt and impede terrorist financing has been a significant element in recent anti-money-laundering initiatives. But combating terrorist financing requires different powers and approaches. This session will look at how the FATF’s nine special recommendations on terrorist financing address these differences, as well as additional powers and requirements regulators and financial institutions need to consider in relation to terrorist financing. 

 
Wednesday 4th APRIL

ENFORCEMENT AND EVALUATION
Course chairman: Richard Pratt
 

How should a regulator enforce the requirements?
A roundtable discussion, led by Richard Pratt

The regulator’s ability to enforce anti-money-laundering requirements will depend on the legal powers at its disposal, and whether they are used effectively. This session will consider the range of powers available, including licensing powers, ongoing requirements, investigation powers and sanctions, and discuss how limited resources should best be used in applying these powers.

Effective “know your customer” regimes
Sally Scutt
Deputy Chief Executive, British Banking Association

The strongest check against misuse of the banking system, whether in terms of fraud or other financial crime such as money laundering, is for banks to “know their customers” (also known as KYC). But banks differ about what they mean by KYC, and what they have to do in practical terms to carry this out. This can lead to a significant range of understanding and practice. This session considers the requirements an anti-money-laundering regime places on regulated institutions and which approaches work best for the effective prevention of money laundering.

Managing intelligence on individuals and firms
David Leppan
CEO, World-Check

Combating money laundering and the financing of terrorism requires above all that regulatory authorities compile and keep up-to-date lists of suspicious persons and organisations. New FATF recommendations require supervisors to pay particular attention to “politically exposed persons” (ie, high-risk individuals who may be conduits for looted funds). Each of these responsibilities requires new skills and intelligence handling capabilities by banks and their supervisors. This session draws on the experience of World-Check, a private-sector provider of intelligence to the financial industry, to examine how these new duties can be discharged.

Balancing multiple objectives: terrorism and bank secrecy
Charles Proctor
Partner, Bird & Bird

The right to personal privacy embraces many different types of personal information and extends to an individual’s financial and banking arrangements. Yet the right is not absolute and must be qualified in the interests of law enforcement and other objectives. The recent SWIFT case has highlighted the tensions which arise between this basic rule and the application of the various exceptions. In this session the speaker will first consider the application of the privacy laws, and then consider what the most important lessons from the SWIFT case are.
 
Thursday 5th APRIL

THE GROWING ROLE OF INTERNATIONAL COOPERATION
Course chairman: Richard Pratt
 

Information exchange and asset freezing
Richard Pratt

International cooperation in the form of information exchange, asset freezing, taking testimony and obtaining documents is essential to a successful defence against money laundering and terrorist financing. This session examines the standards required of bank supervisors and the issues that arise when they are asked to share information with others, including financial intelligence units and regulators from different sectors.

Priorities and action plans
Richard Pratt

In the final session, delegates will reflect on lessons learnt and identify priorities for action at national and international levels. This provides a chance for delegates to share views and experiences gained during the four days of the course and draw conclusions and action plans which they can take back to their home institution.

 
Places on these seminars are strictly limited and allocated on a first-come first-served basis.To register for any of these courses, please download and print the Registration Form (or the final page of the PDF version of the relevant course programme), fill in the details as appropriate and fax to Central Banking Publications on +44 20 7388 9040