Guide on AML for Parliamentarians&

Introduction to GOPAC, GOPAC Action

the National AML Regime

presented by
Former Member, Parliament of Canada Director, Global Organization of Parliamentarians Against Corruption

The Role of MPS in Strengthening

Roy Cullen

GOPAC An Overview

Presented by: Roy Cullen Chair, AML - Global-Task Force GOPAC GTF AML March 16, 2012

GOPACS VISION
Achieve democra-c accountability through engaged, informed and mo-vated Parliamentarians

GOPACs objec2ves
Iden%fy, mo%vate, support and inspire parliamentarians to: 1. hold governments to account. 2. control and eliminate corrup%on.

GOPACs Regional Chapters

GOPACs Na2onal Chapters

4 Global Task Forces Parliamentary Oversight Anti-Money Laundering United Nations Convention against Corruption Parliamentary Ethics and Conduct

Objec2ves of the AML GTF

Engage and mo%vate GOPAC parliamentarians to push for stronger interna%onal regula%ons Mo%vate the execu%ve branch of government to enact an%-money laundering (AML) legisla%on and establish nancial intelligence units (FIU)

Objec2ves of the AML GTF

Promote the eec%ve implementa%on of the UNCAC which includes ar%cles on AML Dialogue with the oshore and interna%onal banking community Build capacity of parliamentarians in all chapters

What is your role as a Parliamentarian in gh2ng corrup2on and building a stronger AML regime?

Role of Parliamentarians
Proposing and enac%ng legisla%on where it is lacking Assuring eec%ve bodies are promptly and properly established transparent appointments, independence, and being properly resourced Assuring the Financial Intelligence Units (FIUs) are properly established, funded, and opera%ng

Role of Parliamentarians
Challenging the execu%ve branch if AML progress is slow Oversight, including ac%vi%es of the execu%ve branch Aler%ng their countrys ci%zens of the status of corrup%on in their country and working with them to improve it Working with the interna%onal community to monitor ac%vi%es in their country

Role of Parliamentarians
FATF Mutual Evalua%on Programme FATF Evalua%on of non-coopera%ve countries Parliamentarians, either on their own, or preferably through their GOPAC Country Chapter, may wish to contact their FATF Style Regional Body (FSRB) or the FATF itself (i.e. Asia Pacic Group) Parliamentarians should ask themselves: Is my jurisdic%on trying and succeeding in gh%ng money laundering?

By engaging parliamentarians in the ght against AML we can strengthen and extend the interna-onal AML regime globally thus impeding the ow of illegal funds across interna-onal borders as well as discouraging the supply of funds to interna-onal terrorists and their organiza-ons

AML Action Guide

HOW WILL THE AML ACTION GUIDE FOR PARLIAMENTARIANS HELP YOU?

AML Action Guide Informa%on and tools to become ac%vely engaged in the ght against money laundering Help you to introduce legisla%on Focuses on preven%on of AML as well as the recovery of stolen assets

The Money Laundering Cycle

AML Action Guide Smurng is used for placement of cash into nancial ins%tu%ons (smaller quan%%es; mul%ple accounts; mul%ple deposits)

AML Action Guide

SIZE, SCALE AND SCOPE

Global Level:
UN HDR: $1.5 trillion 2% - 5% of global GDP (Dow-Jones)

Country Level: UK: 25 billion Thailand: $28.5 billion (15% of GDP) Cdn: $5 & $17 billion

AML Action Guide

IMPORTANCE OF STANDARDS
rigorous country regula%ons + related infrastructure + global regula%ons = stop money laundering 1989: Financial Ac%on Task Force (FATF). Inter-governmental body which generates poli%cal will + na%onal legisla%ve and regulatory reforms = to stop money laundering and terrorist nancing

Anti-Money Laundering in the UNCAC

Presented by: Roy Cullen Chair, GOPAC GTF - AML March 16, 2012

AML -UNCAC UNCAC - The United Na2ons Conven2on against Corrup2on

Parliamentarians in jurisdic%ons that have signed the UNCAC may monitor their governments commitment to it, including its money laundering ar%cles Ar%cle 14 : Measures to prevent money-laundering Ar%cle 23 : Laundering of proceeds of crime Ar%cle 53 : Measures for direct recovery of property Ar%cle 54: Mechanisms for recovery of property through interna%onal coopera%on in consca%on Ar%cle 57 : Return and disposal of assets Ar%cle 58 : Financial Intelligence Unit

2012 Global Monitoring Program

GOPACs Global Monitoring Program is an important step in developing a comprehensive global plan for strengthening parliamentarian performance in preven%ng corrup%on and in ensuring that the implementa%on of UNCAC remains a na%onal priority in countries that have signed this conven%on. It serves as an annual review process that allows GOPAC Na%onal Chapters to determine ways forward in implemen%ng the UNCAC and also provides parliamentarians with a planorm to share their experiences

2012 Global Monitoring Survey

Sec2on 4, AML
4.1 Is there eec%ve legisla%on in place for the preven%on, criminaliza%on, detec%on of money laundering (including requirements of eec%ve customer iden%ca%on, record-keeping and repor%ng suspicious transac%ons by nancial ins%tu%ons) as well as for the recovery of stolen assets? Is the legisla%on comprehensive?

2012 Global Monitoring Survey 4.2 How are the roles of the legisla%ve and the execu%ve powers dened regarding the enactment of relevant legisla%on? Are details of such legisla%on dealt with in the parliament when performing its legisla%ve powers or are they delegated to the execu%ve through administra%ve and regulatory measures/ regula%ons?

2012 Global Monitoring Survey 4.3 Has a nancial intelligence unit (FIU) been established to serve as a na%onal centre for the collec%on, analysis and dissemina%on of informa%on regarding poten%al money- laundering? 4.4 Does the na%onal FIU report to Parliament and does it respond to its recommenda%ons?

2012 Global Monitoring Survey 4.5 Is the parliament engaged in the ra%ca%on of interna%onal instruments to ensure compliance with an%-money laundering interna%onal standards? 4.6 Is Parliament engaged in a concrete way in the repatria%on of recovered public funds?

What would you as representa1ves of the Na1onal Chapter need to further strengthen the an1-corrup1on regime in the Philippines?

For More Information GOPAC Global Secretariat 255 Albert St., Suite 904 Ottawa, Ontario K1P 6A9 Canada info@gopacnetwork.org
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