2019-01-01
The Palestine Monetary Authority issued Instructions No. 11 of 2019 to amend Instructions No. 10 governing the Anti-Money Laundering and Counter-Terrorism Financing function. The amendments require banks to appoint an independent Manager-level officer to lead the function, with appointments subject to regulatory approval and the officer reporting directly to the Board of Directors or a compliance committee. Additionally, the revised rules mandate specialized professional certifications for the officer, enforce strict organizational independence from executive operations, and redefine internal audit scopes while explicitly prohibiting auditors from accessing suspicious transaction report data.
Pursuant to the provisions of Law Decree No. (9) of 2010 on Banks, particularly Article (43) thereof, and the provisions of Law Decree No. (20) of 2015 on Combating Money Laundering and the Financing of Terrorism, particularly Articles (14, 16, 23), and in pursuit of the public interest, we have issued the following instructions:
Article Two, Paragraph (1) is amended to read as follows: The establishment of an Anti-Money Laundering and Counter-Terrorism Financing function to monitor compliance with the provisions of the Law Decree on Combating Money Laundering and the Financing of Terrorism at the senior management level, with this function to be assigned to an independent officer at the rank of Manager titled "Anti-Money Laundering and Counter-Terrorism Financing Officer".
Article Two, Paragraph (3) is amended to read as follows: Adoption of a clear organizational structure for the Anti-Money Laundering and Counter-Terrorism Financing function, ensuring that the structure is commensurate with the bank's size, type, risks, operational complexity, and customer base.
Paragraph Seven of Article Five is repealed.
Article Six, Paragraph (1) is amended to read as follows: "The Anti-Money Laundering and Counter-Terrorism Financing Officer and their deputy are appointed by the Board of Directors, subject to obtaining the approval of the Palestine Monetary Authority for the appointment."
Article Seven, Paragraph (1/a) is amended to read as follows: "Internal Audit at the bank shall undertake the following: Audit the anti-money laundering and counter-terrorism financing systems and policies, and evaluate the extent of the function's independence and effectiveness in mitigating money laundering and terrorism financing risks, and evaluate the quality and effectiveness of systems and programs used to monitor unusual transactions and suspicious cases. Audit is prohibited from accessing any data related to suspicious case reports."
Repeal All provisions conflicting with the articles of these instructions are repealed.
Entry into Force All competent authorities shall, each within their respective purview, implement the provisions of these instructions, which shall apply from the date of their issuance.
Issued in the city of Ramallah on Monday, dated 02/12/2019
Supervision and Inspection Department Palestine Monetary Authority
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