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Erscheinung:01.04.2014 | Reference number GW 1-GW 2001-2008/0003 | Topic Anti-money laundering Re.: FATF Public Statement and Information Report of 18 October 2013 and BaFin Circular 5/2013 (GW) of 20. November 2013 as well as BaFin Circulars 2/2010 of 22 March 2010 and 2/2012 of 21 March 2012

Circular 02/2014 (GW) - FATF Public Statement and Information Report

FATF Public Statement regarding Iran, the Democratic People's Republic of Korea (North Korea) and other countries; FATF Information Report of 14 February 2014 regarding countries under review

I. FATF Public Statement of 14 February 2014 regarding Iran, the Democratic People's Republic of Korea (North Korea) and other countries

During its Plenary Meeting held in Paris on 14 February 2014, the FATF released an updated Public Statement and an updated Information Report (see II).

The Statement issued by the FATF on 14 February 2014 (Annex 1) concerns jurisdictions for which substantial deficiencies have been identified regarding measures to combat money laundering and terrorist financing.

  1. Category 1: Jurisdictions subject to a FATF call on its members and other jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions.

    This category still includes Iran and the Democratic People's Republic of Korea (North Korea).
    The FATF's Public Statement of 18 October 2013 and BaFin Circular 5/2013 (GW) continue to apply to both countries. Please refer to BaFin Circular 2/2010 (GW) for information on the measures that still have to be taken.

  2. Category 2: Jurisdictions with strategic AML/CFT deficiencies that have not made sufficient progress in addressing the deficiencies or have not committed to an action plan developed with the FATF to address the deficiencies. The FATF calls on its members to consider the risks arising from the aforementioned deficiencies associated with each jurisdiction.

    This category now includes Algeria, Ecuador, Ethiopia, Indonesia, Myanmar, Pakistan, Syria, Turkey and Yemen.

Business relationships with these countries or with business partners who reside in these countries or transactions from or to these countries require enhanced due diligence and organisational requirements in order to combat the increased risks identified by the FATF. In addition, the results of any security and review measures taken in this respect are to be clearly documented for the internal audit function, the audit of annual financial statements and any special audits. These measures correspond to those specified in BaFin Circular 2/2010 (GW).

II. FATF Information Report of 14 February 2014 regarding countries under review

In the ongoing review of countries by the FATF and the FATF-style regional bodies (FSRBs), certain countries continue to have deficiencies with regard to the FATF's key recommendations.

For details, please refer to the translated FATF Information Report of 14 February 2014 (Annex 2).

Although there is no direct obligation to take action and no requirement to apply enhanced due diligence and organisational requirements appropriate for the increased risk with respect to these countries, the situation in these countries must be taken into consideration when assessing the risks of these countries or persons from these countries in the context of preventing money laundering and terrorist financing.

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