2013-11-20 | Circular 05/2013 (GW) - FATF Public Statement and Information ReportBaFin issued Circular 05/2013 to align German financial institutions with the FATF's October 2013 Public Statement and Information Report, updating jurisdictional risk categories for money laundering and terrorist financing compliance. The circular retains Iran and North Korea in Category 1 subject to counter-measures, while adding eleven nations to Category 2 and requiring enhanced due diligence alongside specific organizational measures for all related business relationships and transactions. Institutions must clearly document the outcomes of these risk assessments to satisfy internal audit, annual financial statement audits, and special audits.
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20.11.2013
I. FATF Public Statement of 18 October 2013 regarding Iran, the Democratic People's Republic of Korea (North Korea) and other countries
During its Plenary Meeting held in Paris on 18 October 2013, the FATF released an updated Public Statement and an updated Information Report (see II).
The Statement issued by the FATF on 18 October 2013 ( Annex 1 ) concerns jurisdictions for which substantial deficiencies have been identified regarding measures to combat money laundering and terrorist financing.
This category still includes Iran and the Democratic People's Republic of Korea (North Korea). The FATF's Public Statement of 21 June 2013 and BaFin Circular 2/2013 ( GW ) continue to apply to both countries. Please refer to BaFin Circular 2/2010 ( GW ) for information on the measures that still have to be taken.
This category now includes Algeria, Ecuador, Ethiopia, Indonesia, Kenya, Myanmar, Pakistan, Syria, Tanzania, Turkey and Yemen.
Business relationships with these countries or with business partners who reside in these countries or transactions from or to these countries require enhanced due diligence and organisational requirements in order to combat the increased risks identified by the FATF . In addition, the results of any security and review measures taken in this respect are to be clearly documented for the internal audit function, the audit of annual financial statements and any special audits. These measures correspond to those specified in BaFin Circular 2/2010 ( GW ).
II. FATF Information Report of 18 October 2013 regarding countries under review
In the ongoing review of countries by the FATF and the FATF -style regional bodies ( FSRBs ), certain countries continue to have deficiencies with regard to the FATF's key recommendations.
For details, please refer to the translated FATF Information Report of 18 October 2013 ( Annex 2 ).
Although there is no direct obligation to take action and no requirement to apply enhanced due diligence and organisational requirements appropriate for the increased risk with respect to these countries, the situation in these countries must be taken into consideration when assessing the risks of these countries or persons from these countries in the context of preventing money laundering and terrorist financing.
Additional information
Circular 05/2013 ( GW ) - Annex 1: FATF Public Statement
Circular 05/2013 ( GW ) - Annex 2: Improving Global AML
Circular 02/2013 ( GW )
Circular 2/2012 ( GW )
Circular 2/2010 ( GW )
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