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.
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.
HOW TO REGISTER
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