Discussions in Breakout session 5 focused key issues and challenges in the Beneficial Ownership (BO) space. Zeroing in on weapons of mass destruction (WMD) financing, Grace Then, Associate Director, Financial Crime Practice Lead, Moody’s Analytics, Singapore, explained that to obtain goods needed for WMDs, proliferators need to access the international financial system, and they do so by:
🔸establishing front companies to purchase goods
🔸using Trust or Company Service Providers (TCSPs) to enhance the credibility of legal entities
🔸using alternative financial systems (such as cryptocurrency or DNFBPs) for the purpose of money laundering
🔸creating fraudulent organisations to solicit donations
🔸providing false customer, or other identifying, details, and
🔸using areas and financial entities with lax regulations and enforcement.
Cautioning that proliferators have developed creative ways to evade sanctions and secure WMD financing, e.g., seeking out dual-use goods and taking advantage of the global shipping industry’s complexity, she highlighted the importance of BO checks — beyond fulfilling regulatory requirements — to thwart these threats.
Focusing on regulations, guidelines, and leading practices in BO, Radish Singh, Partner, Financial Services Consulting Lead, Financial Services Risk Management, EY, explored the following areas:
🔸identification and verification of Ultimate BOs (UBOs)
🔸methods used to obscure UBOs, including the use of shell companies, nominee arrangements and informal arrangements
🔸central BO registers as important tools for cross-checking underlying customer data and proactively identifying relevant AML / CFT
🔸common challenges in UBO identification, and
🔸best practices adopted by banks to manage BO obligations.
The panel also shared the five key features of an effective system to identify BOs behind legal persons:
🔸a comprehensive risk assessment
🔸effective proportionate and dissuasive sanctions
🔸forbidding or immobilising bearer shares and nominee arrangements
🔸direct access to BO information through company registries and a centralised database, and
🔸adequacy, accuracy and timeliness of BO information.
A case study on shell companies further facilitated the delegates’ comprehension on typologies, sanctions detection and reporting, red flags, hidden controls, and secret jurisdictions.
Breakout session 5 was moderated by Nik Azmir Nik Anis, Group Chief Compliance Officer, Bank Islam Malaysia Berhad.
#IFCTF2024
Founder & CEO | Regulatory, Financial Crime & Crypto Compliance Consultant | Speaker | Trainer | Community Builder | Women of Inspiration 2023
2moMondiu is one of my favorite people in the AML community. He truly cares about supporting everyone. So grateful for his continuous contribution to the community and can't wait to see him on the stage again 🙏❤️