Kurzus nemzetközi vendég- és részidős hallgatóknak

Kar

Állam- és Jogtudományi Kar

Szervezet

ÁJTK Pénzügyi Jogi Tanszék

Kód

JNX_ERASMUS:L11

Cím

Anti-Money Laundering and Combatting the Financing of Terrorism

Tervezett félév

Mindkét

Meghirdetve

2023/24/2

ECTS

5

Nyelv

en

Oktatás célja

The AML system established in 1989 was complemented with CFT after 9/11, the fight against the financing of proliferation of weapons of mass destruction, against tax evasion and corruption, the promotion of financial inclusion were added later.

Tantárgy tartalma

International legal obligations and standards UN Conventions (containing the Definitions of ML/FT) Vienna Convention Against Illicit Traffic in Narcotic Drugs (1988) International Convention for the Suppression of the Financing of Terrorism (1999) UN SC sanctions lists FATF’s Forty Recommendations Organisation Financial Action Task Force (FATF) Issuing and updating of the international AML/CFT standard (the Forty Recommendations) Issuing and updating the FATF Methodology of country assessment of compliance with the Forty Recommendations in the field of technical compliance effectiveness Evaluation of member states, compliance enforcement by naming and shaming, including the listing of non-compliant countries and other sanctioning measures FATF Type Regional Bodies (FSRBs) Evaluation of member states Reporting serious deficiencies to the FATF for inclusion in the ICRG process Procedures Mutual Evaluation Reports (MERs) On-site inspections Adoption of MERs by plenary meetings of FATF, or an FSRB Publication of blacklist and grey list Follow-up procedures Fundamental AML/CFT requirements Preventive measures Prohibition of anonymity in business relationships and transactions Licensing or registration requirement of financial institutions Prohibition of the establishment of and the dealing with shell banks Supervision of obliged institutions Know Your Customer (KYC) rules Customer Due Diligence (CDD) rules Identification Verification of customers and beneficial owners Transaction Monitoring Politically Exposed Persons’ (PEP) rules Establishment and use of national databases on beneficial owners Criminalisation of ML/TF Corporate criminal liability Minimum requirements of predicate offences Preparation and updating of Country Risk Assessments Identification, understanding and mitigation of threats and vulnerabilities, management of residual risks Risk assessments are also compulsory at supervisory and obliged institution level Risk-based allocation of resources Risky customers, services, products, transactions, delivery channels, countries, geographic areas Data keeping on customers and transactions Sharing of information with the competent authorities upon own initiative upon request upon request from abroad Reporting obligation based on suspicion of ML/FT Reasons for suspicion (non-comprehensive list in the EU AML/CFT Directive) Obliged institutions Directors, managers, employees AML/CFT training and exams Internal rules and control systems Money Laundering Reporting Officer (MLRO) Suspicious Transaction Reports (STRs) Sanctioning of non-reporting Exemption from any liabilities resulting from filing an STR Freezing of transactions/funds Prohibition of tipping-off Sharing of information in some cases with some counterparts The central role of the Financial Intelligence Unit (FIU) in receiving and analysing STRs and distributing the results to other competent authorities International cooperation Specificities of AML/CFT in the European Union Single market Free movement of persons and capital European passport Provision of services in other Member States via establishment agents provision of cross-border services EU AML/CFT Directives – catering for differing national legislative principles EU AML/CFT Regulations providing Transfer of Funds EU blacklist Home country supervision Supervisory colleges Existence of EU level supervisory bodies and their involvement in AML/CFT Regulatory technical standards Implementing technical standards Guidelines Opinions Recommendations FIU-NET AML/CFT role of the Commission of the European Union and of other EU institutions Supranational risk assessment Membership of the Commission in FATF Conflict of some EU and FATF principles Equivalence issues The supervisory and STR problems of agents of payment institutions in the EU Appointment of a Central Contact Point

Számonkérés és értékelés

written exam

Irodalomjegyzék

4th AML Directive as amended by the 5th AML Directive https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02015L0849-20180709 FATF Recommendations updated February 2018 http://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF%20Recommendations%202012.pdf

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