PDF《Methodology》

5 INTRODUCTION 1. This document provides the basis for undertaking assessments of technical compliance with the revised FATF Recommendations, adopted in February 2012, and for reviewing the level of effectiveness of a country'

s Anti-Money Laundering / Countering the Financing of Terrorism (AML/CFT) system. It consists of three sections. This first section is an introduction, giving an overview of the assessment Methodology1, its background, and how it will be used in evaluations/assessments. The second section sets out the criteria for assessing technical compliance with each of the FATF Recommendations. The third section sets out the outcomes, indicators, data and other factors used to assess the effectiveness of the implementation of the FATF Recommendations. The processes and procedures for Mutual Evaluations are set out in a separate document. 2. For its 4th round of mutual evaluations, the FATF has adopted complementary approaches for assessing technical compliance with the FATF Recommendations, and for assessing whether and how the AML/CFT system is effective. Therefore, the Methodology comprises two components: ? The technical compliance assessment addresses the specific requirements of the FATF Recommendations, principally as they relate to the relevant legal and institutional framework of the country, and the powers and procedures of the competent authorities. These represent the fundamental building blocks of an AML/CFT system. ? The effectiveness assessment differs fundamentally from the assessment of technical compliance. It seeks to assess the adequacy of the implementation of the FATF Recommendations, and identifies the extent to which a country achieves a defined set of outcomes that are central to a robust AML/CFT system. The focus of the effectiveness assessment is therefore on the extent to which the legal and institutional framework is producing the expected results. 3. Together, the assessments of both technical compliance and effectiveness will present an integrated analysis of the extent to which the country is compliant with the FATF Standards and how successful it is in maintaining a strong AML/CFT system, as required by the FATF Recommendations. 4. This Methodology is designed to assist assessors when they are conducting an assessment of a country'

s compliance with the international AML/CFT standards. It reflects the requirements set out in the FATF Recommendations and Interpretive Notes, which constitute the international standard to combat money laundering and the financing of terrorism and proliferation, but does not amend or override them. It will assist assessors in identifying the systems and mechanisms developed by

1 The terms assessment , evaluation and their derivatives are used throughout this document, and refer to both mutual evaluations undertaken by the FATF and FSRBs and third-party assessments ( i.e. assessments undertaken by the IMF and World Bank). METHODOLOGY ASSESSING TECHNICAL COMPLIANCE WITH THE FATF RECOMMENDATIONS AND THE EFFECTIVENESS OF AML/CFT SYSTEMS

6 INTRODUCTION countries with diverse legal, regulatory and financial frameworks in order to implement effective AML/CFT systems;

and is also useful for countries that are reviewing their own systems, including in relation to technical assistance needs. This Methodology is also informed by the experience of the FATF, the FATF-style regional bodies (FSRBs), the International Monetary Fund and the World Bank in conducting assessments of compliance with earlier versions of the FATF Recommendations. RISK AND CONTEXT 5. The starting point for every assessment is the assessors'