We are honoured to have been invited to attend an AML Roundtable meeting called by the SRA where they intend to discuss their findings from the first 74 firm AML audits that they have carried out (Sept 2019 to Oct 2020). They learned that there were a number of consultants assisting firms to be compliant. They have invited representatives of those consultants to contribute "with the aim of ensuring standards, driving consistency and ultimately assisting in the prevention of financial crime." "The idea is to share our expectations, discuss challenges and start a dialogue."
Below is a summary of the SRA findings.
We are a supervisory authority under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 ("the regulations"). We have a role in checking firms are complying with the regulations and ensuring they have effective AML policies controls and procedures in place.
To help fulfil this, in 2019 we began an ongoing programme of firm reviews.
We looked at the firms' approaches to preventing money laundering in 10 key areas. In each area we have outlined what the regulations say, our expectations, what we found, good practice and areas for improvement.
From September 2019 to October 2020, we visited 74 firms to review their AML policies and procedures and to see how these were being applied on a sample of the firm's files. We are grateful to the firms we visited for their time and insight into their work to prevent money laundering, particularly when the Covid-19 pandemic has disrupted work across the sector.
Overall, we found that the areas needing the most work from firms were:
The firms we saw were, for the most part, united in their determination to keep the proceeds of crime out of their client accounts, and we were able to assist many of them in meeting their obligations.
We saw a mixture of good and poor practices, but generally it was clear that in most practices there was a will to prevent money laundering and to comply with the regulations.
Audit was a particular matter of interest. While firms generally had an understanding that they needed to keep their policies, controls and procedures updated, a number of firms failed to monitor their effectiveness.
When reviewing firms' files, we found that in a large number there were differences between policies, procedures and what the money laundering compliance officer (MLCO) said should have happened, and what actually happened on the ground. This was often because the fee earners were not following procedures, something that could have been identified and rectified sooner if a compliant audit had been carried out.
Where we referred firms for further investigation, this was because what we saw suggested a systemic lack of compliance such as:
This document should act as a guide to other firms on how they should approach the areas we now understand firms are unsure about.
Here is a link to the full report: https://www.sra.org.uk/globalassets/documents/sra/research/anti-money-laundering-aml-visits-2019-2020.pdf?version=4ada2c
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