2019-09-01
Added · Updated
Issued by Nigeria’s Special Control Unit against Money Laundering (SCUML), this guidance mandates Non-Profit Organizations to implement a risk-based approach for anti-money laundering and counter-terrorist financing compliance. The framework requires entities to conduct ongoing risk assessments across customer, geographic, product, and industry dimensions, applying proportional due diligence and standardized risk scoring to allocate resources effectively. Furthermore, it establishes clear protocols for suspicious transaction reporting and strengthens internal control systems through mandatory staff training, senior management oversight, and periodic policy reviews.
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GUIDANCE NOTE FOR AML/CFT RISK BASED APPROACH FOR NON PROFIT ORGANISATION ISSUED BY THE SPECIAL CONTROL UNIT AGAINST MONEY LAUNDERING 2019
Table of Contents
Background................................................................................................................................................2
Risk-Based Approach for the Designated Non-Financial Institutions ........................................3
1.3 Components of the risk-based approach and risk profiling..................................................6
1.4 Risk Factors...........................................................................................................................................6
2.1 Risk Factors For NPO Sector ......................................................................................................7
4. Suspicious Transaction Reporting..................................................................................................11
5. Internal Control Systems...................................................................................................................12
ANNEXURES...............................................................................................................................................15
Annexure 1: Customer Risk Assessment..............................................................................15
Annexure 2: Customer on boarding lifecycle...........................................................................15
Background
The Special Control Unit against Money Laundering (SCUML) has commenced implementation of the outcome of the Nigeria National Money Laundering/Terrorist Financing (ML/TF Risk Assessment)(NRA) concluded in 2016. The Assessment was conducted as a response to Recommendation 1 of the Financial Action Task Force 40 Recommendations. The Recommendation urges
countries to identify, assess and understand their ML/TF risks and apply mitigating measures commensurate to identified risks. Following the conclusion of the Nigerian National Risk Assessment (NRA) exercise, the country developed a National Strategy from the findings of the NRA as contained in the National AML/CFT strategy 2018-2020. Accordingly, individual reporting entities or DNFIs are required to conduct an assessment of their own Money Laundering /Terrorist financing risk (ML/TF)in line with the risks identified in the NRA using customers, countries or geographic areas, products and services, transactions or delivery channels.i Such as when on-boarding new customers, and throughout the relationship with each customer, Designated Non financial institutions are required to perform anti-money laundering (AML) and know-your-customer (KYC) risk assessments to determine a customer’s overall money laundering risk. In order to achieve the above objective of combating ML/TF, it is essential to have a clear understanding of the threats/vulnerabilities to the dealers in precious metals and stones in particular and the Designated Non-Financial Institution sector in general. Consequently, SCUML has developed an AML/CFT risk assessment template and information collection tool herewith attached for your guidance. Please note that SCUML is available to guide your understanding and utilization of the developed template and tool where required. Risk-Based Approach for the Designated Non-Financial Institutions
1.1 Introduction
In today’s emerging risks and challenges, Designated Non Financial Businesses and Professions (DNFBPs) which is referred to as Designated Non- financial institutions (DNFIs) in S.25 of the Money Laundering Prohibition Act, 2011 as amended are seriously exposed to vulnerabilities of money laundering, terrorist financing and proliferation of weapons of mass destruction and consequently
risk being sanctioned. It is therefore necessary to adopt preventive measures that will ensure effective application of mitigation measures .According to the Financial Action Task Force (FATF) guidance on FATF Report: Money Laundering and Terrorist Financing through trade in Diamond October 2013. Risk Based Approach (RBA)“Risk Based Approach in AML/CFT means the identification, Understanding and Assessment of ML/TF risks to which they are exposed and take AML/CFT measures commensurate to those risks in order to mitigate them effectively. This approach should be an essential foundation to efficient allocation of resources across the anti-money laundering and combating the financing of terrorism (AML/CFT) regime and the implementation of risk based measures throughout the FATF Recommendations. Based on the foregoing, Nigeria conducted her maiden National Risk Assessment (NRA) on Money Laundering/Terrorist Financing in 2016, the assessment covered the period between 2010- June 2016. The report findings revealed that the risk posed by Non Profit Organization Sector in Nigeria is high. iiIn line with Regulation 10(7) of Federal Ministry of Industry, Trade and Investment (Designation of Non-Financial Institutions and Other Related Matters) Regulations, 2013,) it is required that DNFIs conduct their risk assessment and come up with measures to mitigate the risks thereof. For the purpose of guidance, find below a risk based approach manual to guide the operations of the sector.
1.2 Understanding of the RBA
Risk is defined as the possibility of some adverse event occurring and the likely consequences of this event. Risk is expressed as;
Risk is also defined as Risk = Likelihood x Consequence ML threat refers to The proceeds of crimes in a country which includes
o Designated Non-Financial Financial Institution(DNFIs)
1.3 Components of the risk-based approach and risk profiling
Designated Non Financial Institutions are required to take appropriate steps to identify, assess, understand and mitigate their ML/TF. The assessment should be documented. FATF Recommendation 1 is considered the groundwork towards the implementation of the risk-based approach: See figure 1 below:
Figure 1:Risk based approach implementation Groundworkiii
1.4 Risk Factors
Accordingly, the main components that drive a risk assessment by the Designated Non financial institution are as recommended by the Wolfsberg riskbased approach guidance has provided an insight on the approach by identifying these components that can assist in measuring the riskiv. “Money laundering risks may be measured using various categories, which may be modified by risk variables. The most commonly used risk criteria are as follows:
Figure 2: Risk Based Approach: Risk Factors
2.1 Risk Factors For NPO Sector
The risk factors have been modified as shown in figure 3 below for the Non Profit Organizations sector for the purpose of conducting a risk based assessment in the sector. The list is non exhaustive Customer Risk Donor/Source of funding
Industry/Sector Risk
Public Health
Humanitarian Aid
Social Service
Education
Housing
Sport and recreation
Interest representation
Religion
Micro loan disbursement
Gender, Human right and Governance ,Anti-corruption
Education
Sanitation and water
Geographic/Country Risk
Donors based in jurisdiction with weak Governance and AML/CFT
supervision for NPOs
Donors based in jurisdiction where there is significant financial and
ideological support terrorist
Vendors sourcing materials from high risk jurisdiction or prone to high
criminal activities such as drug trafficking, official corruption, smuggling etc.
Vendor owned by PEPs
Vendor on terrorist watch list of countries, supranational development
institutions
Employees resident or has ethnic origin from areas with active terrorist
threats or other criminalities
Tax Haven/OFACs, Countries subjected to embargoes, sanctions etc.,
Countries lacking appropriate AML/CFT laws, regulations and other
measures Countries known for suspected financing or harboring terrorist or terrorist organizations,
Jurisdiction with complex tax credit schemes,
NPOs operating in areas with active terrorist activities,
NPOs operating in areas with poor access to formal banking system,
NPOs operating in areas experiencing strategic shocks (such as natural
disaster) as such resulting upsurge in activities of NGOs , locations with poor customer identification infrastructures Product/Service Risk
Cash disbursement to beneficiaries in areas with active terrorist threats
Direct distribution of high value relief materials
Use of vouchers
Value card
Use of Domestic NGOs
Use of cooperative and community groups
Direct electronic transfer to Beneficiaries
Through Bank account
It is important to Identify the risk factors which will assist in defining the weightage or classification of the customer (weighted risk level) by listing each component and attributing a rating or score that will allow the risk rating.
Countries not having adequate AML/CTF systems
Countries subject to sanctions, embargoes issued by the U.N., EU and
OFAC
Countries having significant levels of corruption or other criminal activities
such as narcotics, arm dealing, human trafficking, illicit diamond trading, etc.
Countries identified to support terrorist activities, or have designated
terrorist organizations operating within their country.
Very High High Medium Medium Low Low
Risk Scoring 5 4 3 2 1
Risk Level Very High High Medium
Medium
Low Low
Due Diligence
Level EDD Simplified due diligence CDD
Approval AML Cttee CCO HOD
Relationship
Manager/Staff
The first step in implementing RBA is identifying the risk factors and setting up risk scoring. The process can be simple or sophisticated depending on the size, nature of business and its complexity. The method should allow the integration of RBA with the Designated Non financial institution’s customer onboarding process.
4. Suspicious Transaction Reporting
The reporting of suspicious transactions or activity is critical to a country’s ability to utilize financial information to combat Money Laundering and Terrorist Financing. The Money Laundering Prohibition Act 2011 as amended and other legislation requires Designated Non Financial Institutions to file suspicious transaction reports when the need arises. See list of relevant sections of legislation:
o Section 6(2)of the ML(P)A2011 as amended o Section 14(1) of the Terrorism (Prevention) Act 2011 o Section 8(a) of the Terrorism (Prevention)(Amendment)Act 2013 o Regulation 8(1) of the Terrorism Prevention (Freezing of International Terrorists Funds and Other Related Measures)Regulations 2013 o Reg. 22 of the (FMITI) Federal Ministry of Industry Trade and Investment, AML/CFTRegulations2013,SCUML
systems. Application of know your customer measures, customer due diligence procedures, reporting(CTR) and compliance obligation/processes by DNFIs. In order for Dealers to have effective risk-based approaches, the risk-based process must be imbedded within the internal controls of the firms. The success of internal policies and procedures will be dependent largely on internal control systems. The two key systems identified are as follows;
Provide increased focus on dealers’ operations (products, services,
customers and geographic locations) that are more vulnerable to abuse by Money Launderers and other criminals.
Provide for regular review of the risk assessment and management
processes, taking into account the environment within which the dealers operates and the activity in its market place.
Designate an individual or individuals at management level
responsible for managing AML/CFT compliance.
Provide for an AML/CFT compliance function and review
programme.
Inform senior management of compliance initiatives, identified
compliance deficiencies, corrective action taken and suspicious activity reports filed.
Implement risk-based customer due diligence policies, procedures
and policies.
Provide for appropriate training to be given to all relevant staff.v
ANNEXURES
Annexure 1: Customer Risk Assessment
Annexure 2: Customer on boarding lifecycle Risk Factors Risk Description Rating Range Description Risk Rating Customer type Donor Beneficiary intermediary Nature of the customer kidnappers peps philanthropies 1-5(5- Highest,1 lowest) 5 Country of incorporation/ Nationality Foreigner(BVI,Iraq) Nigeria 5 UBO Ultimate beneficial owner Company in BVI 5 Types of projects Donation of Health care facilities Assisting of the Less privilege Use of cash for payment Use of 3rd party account Use of fund transfer 5 Date 9/8/2018 Department Private Sector Sales Customer introduced by Agent Account Manager Customer Name Abubakar Emeka Yemi
Customer
Customer
Type of Customer and WatchList screening(PEP, Natural or Legal Person) Country Country of residence and origin and risk factors of the country(sanctioned, highly corrupt, high risk)
Industry
Nature of business that the customer is involved the risk level
Product and Services
iv Wolfsberg Statement, Guidance on a Risk Based Approach for Managing Money Laundering Risks,2006. v Typologies of Money Laundering through the Real Estate Sector in West Africa, 2008
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Source: Economic and Financial Crimes Commission — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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