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PREVENT ION OF MONEY L AUNDER ING AND COUNTER ING THE

F INANCING OF TERROR I SM

AML Un it

This period has seen the AML Unit working on

the MONEYVAL evaluation of the Island and tasks

linked with the DBROA15.

During 2016 an AML/CFT Policy Office was set up

within Cabinet Office, and the Head of the Isle of

Man Delegation to MONEYVAL is now located in

that AML/CFT Policy Office.

Gu idance

The Authority may issue and publish guidance

as it considers appropriate. It issues guidance

for various purposes including to illustrate best

practice, to assist relevant persons in complying

with legislation and to provide examples or

illustrations. Guidance in respect of AML/CFT is

published in the form of the AML/CFT Handbook

which is a “living” document subject to regular

revision and updating. Guidance is not law,

however it is persuasive. Where a person follows

guidance this would tend to indicate compliance

with the legislative provisions, and vice versa.

During this period a number of updates regarding

administrative issues have been made to the

Authority’s AML/CFT Handbook to ensure that the

Handbook remained valid and up to date. There

were also some updates to maintain the lists of

higher risk jurisdictions and jurisdictions that may

pose a higher risk in line with the FATF statements.

In April 2016 the Banking Sector Specific AML/

CFT Guidance Notes were updated and, in October

2016 Sector Specific AML/CFT Guidance Notes for

Virtual Currency Businesses were published.

More substantive changes to guidance issued

by the Authority were put on hold whilst the

MONEYVAL mutual evaluation process was

ongoing.

Moneyva l

The Isle of Man became a participant in the Council

of Europe’s Committee of Experts on the Evaluation

of Anti-Money Laundering Measures and the

Financing of Terrorism (MONEYVAL) in December

2012, and was evaluated by MONEYVAL in 2016.

The evaluation was under MONEYVAL’s 5th round

evaluation process and was conducted against

the FATF 2012 recommendations using the 2013

methodology.

An on-site visit to the Island, focussing on

effectiveness, was conducted by the MONEYVAL

evaluation team over the period 25 April to 6 May

2016. Following the on-site visit a number of draft

reports were received and the Authority provided

input into the Island’s comments on these. Many

teleconferences with the evaluation team also took

place, whose attendance included members of

the Authority. Members of the Authority attended,

as part of the Isle of Man delegation, the face-to-

face meeting with the evaluation team in Paris in

October 2016, and some members of the Authority

also formed part of the Isle of Man delegation to

the MONEYVAL plenary in December 2016, where

the final draft report was discussed and adopted.

The mutual evaluation report was published by

MONEYVAL on 27 January 2017.

Following the publication of the mutual evaluation

report, work has begun regarding assessing the

findings and recommended action points affecting

the Authority.

MONEYVAL holds plenary meetings three times

per year, at which mutual evaluation reports of

its members, and other matters in the AML/CFT

area are discussed. In addition to work linked to

the Island’s evaluation, members of the AML Unit

attended two plenary meetings during the period.

I ndus t r y contact

Throughout the period the AML Unit has been

involved in meetings with industry bodies.

On 1 November 2016 the Authority hosted its

annual Anti-Money Laundering and Financial Fraud

Conference. The conference included talks on

cybercrime, how to spot criminal facilitation and

how to prevent it, and terrorist financing.

On 20 March 2017 the Authority ran an information

session for industry regarding MONEYVAL’s

evaluation of the Island. This session gave an

overview of the main findings in the mutual

evaluation report affecting businesses licensed,

regulated, and registered by the Authority, and

included talks regarding the findings regarding

specific sectors of business.

Isle of Man Financial Services Authority Annual Report 2016/17 • 21