FATF Guidance on the RBA for Dealers in Precious Metals and Stones
This Guidance on the Risk-Based Approach to combating Money Laundering and Terrorist Financing was developed by the FATF in close consultation with representatives of the dealers in precious metals and dealers in precious stones industries. The Guidance supports the development of a common understanding of what the risk-based approach involves, outlines the high-level principles involved in applying the risk-based approach, and indicates good public and private sector practice in the design and implementation of an effective risk-based approach.
The purpose of this Guidance is to:
However, it should be noted that applying a risk-based approach is not mandatory. A properly applied risk-based approach does not necessarily mean a reduced burden, although it should result in a more cost effective use of resources. For some countries, applying a rules-based system might be more appropriate. Countries will need to make their own determinations on whether to apply a risk-based approach, based on their specific ML/FT risks, size and nature of the DNFBP activities, and other relevant information. The issue of timing is also relevant for countries that may have applied anti-money laundering/counter-terrorist financing (AML/CFT) measures to DNFBPs, but where it is uncertain whether the DNFBPs have sufficient experience to implement and apply an effective risk-based approach.
This Guidance is written at a high level to recognize the differing practices of dealers in precious metals and dealers in precious stones (hereinafter referred to as "dealers") in different countries, and the different levels and forms of monitoring that may apply. Each country and its national authorities should aim to establish a partnership with its dealers that will be mutually beneficial to combating money laundering and terrorist financing.
The primary target audience of this guidance is dealers in precious metals and dealers in precious stones themselves, when they conduct activities which fall within the ambit of the FATF Recommendations, as described below. For purposes of this guidance, the term "dealer" encompasses a wide range of persons engaged in these businesses, from those who produce precious metals or precious stones at mining operations, to intermediate buyers and brokers, to precious stone cutters and polishers and precious metal refiners, to jewellery manufacturers who use precious metals and precious stones, to retail sellers to the public, to buyers and sellers in the secondary and scrap markets.