FATF Recommendation 15: Reporting of suspicious transactions and compliance

Text of the Recommendation and Interpretative Note

 

See also: The full text of the 40 Recommendations, glossary and interpretative notes 

 

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Recommendation 15

B. MEASURES TO BE TAKEN BY FINANCIAL INSTITUTIONS AND NONFINANCIAL BUSINESSES AND PROFESSIONS TO PREVENT MONEY LAUNDERING AND TERRORIST FINANCING

Reporting of suspicious transactions and compliance

Financial institutions should develop programmes against money laundering and terrorist financing. These programmes should include:
a) The development of internal policies, procedures and controls, including appropriate compliance management arrangements, and adequate screening procedures to ensure high standards when hiring employees.
b) An ongoing employee training programme.
c) An audit function to test the system.

 

 Interpretative Notes

General

1.

Reference in this document to “countries” should be taken to apply equally to “territories” or “jurisdictions”.

2.

Recommendations 5-16 and 21-22 state that financial institutions or designated non-financial businesses and professions should take certain actions. These references require countries to take measures that will oblige financial institutions or designated non-financial businesses and professions to comply with each Recommendation. The basic obligations under Recommendations 5, 10 and 13 should be set out in law or regulation, while more detailed elements in those Recommendations, as well as obligations under other Recommendations, could be required either by law or regulation or by other enforceable means issued by a competent authority.

3.

Where reference is made to a financial institution being satisfied as to a matter, that institution must be able to justify its assessment to competent authorities.

4.

To comply with Recommendations 12 and 16, countries do not need to issue laws or regulations that relate exclusively to lawyers, notaries, accountants and the other designated non-financial businesses and professions so long as these businesses or professions are included in laws or regulations covering the underlying activities.

5.

The Interpretative Notes that apply to financial institutions are also relevant to designated non-financial businesses and professions, where applicable.

 

Recommendation 15

The type and extent of measures to be taken for each of the requirements set out in the Recommendation should be appropriate having regard to the risk of money laundering and terrorist financing and the size of the business.
For financial institutions, compliance management arrangements should include the appointment of a compliance officer at the management level.

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