CAMS-KR 문제 201
감사 추적을 위장하고 익명성을 제공하기 위해 고안된 일련의 복잡한 금융 거래를 통해 불법 수익금을 출처에서 분리하는 것은 무엇의 예입니까?
정답: C
Layering is the second stage of the money laundering process, in which the launderer moves the funds around to create distance and confusion between the source and the destination of the illicit proceeds. Layering often involves multiple transactions, such as wire transfers, shell companies, trusts, and offshore accounts, that make it difficult to trace the origin and ownership of the funds. Layering is intended to disguise the audit trail and provide anonymity for the launderer12.
Placement is the first stage of the money laundering process, in which the launderer introduces the illicit proceeds into the financial system, often by breaking them into smaller amounts or using cash-intensive businesses12.
Structuring is a technique used in the placement stage, in which the launderer deposits or withdraws cash in amounts below the reporting threshold to avoid detection or suspicion12.
Integration is the third and final stage of the money laundering process, in which the launderer reintroduces the funds into the legitimate economy, often by purchasing assets, investing in businesses, or mixing them with legal income12.
1: ACAMS (2020), Study Guide for the Certification Examination, 6th Edition, ACAMS, Miami, FL, USA, www.acams.org/en/cams-certification-package-6th-edition, pp. 12-14. 2: ACAMS (2020), CAMS Examination Preparation Video, 6th Edition, ACAMS, Miami, FL, USA, www.acams.org/en/cams- certification-package-6th-edition, Module 1.
Placement is the first stage of the money laundering process, in which the launderer introduces the illicit proceeds into the financial system, often by breaking them into smaller amounts or using cash-intensive businesses12.
Structuring is a technique used in the placement stage, in which the launderer deposits or withdraws cash in amounts below the reporting threshold to avoid detection or suspicion12.
Integration is the third and final stage of the money laundering process, in which the launderer reintroduces the funds into the legitimate economy, often by purchasing assets, investing in businesses, or mixing them with legal income12.
1: ACAMS (2020), Study Guide for the Certification Examination, 6th Edition, ACAMS, Miami, FL, USA, www.acams.org/en/cams-certification-package-6th-edition, pp. 12-14. 2: ACAMS (2020), CAMS Examination Preparation Video, 6th Edition, ACAMS, Miami, FL, USA, www.acams.org/en/cams- certification-package-6th-edition, Module 1.
CAMS-KR 문제 202
은행의 해외자산관리국(Office of Foreign Assets Control) 제재 스크리닝 감사 프로그램에 어떤 테스트가 포함되어야 합니까?
정답: A
---Wire transfers are one of the most common methods of moving funds across borders and jurisdictions, and therefore pose a high risk of violating OFAC sanctions. A bank's OFAC sanctions screening audit program should include a test to review the wire transfer screening processes to ensure that potential name hits are investigated promptly and appropriately, and that any blocked or rejected transactions are reported to OFAC in a timely manner. This test would help the bank to assess the effectivenessof its screening system, identify any gaps or weaknesses, and demonstrate its compliance with OFAC regulations.
A Framework for OFAC Compliance Commitments1, page 4, section 4: Testing and Auditing OFAC Framework for Sanctions Compliance Programs2, page 2, section 4: Testing and Auditing OFAC Sanctions List Search Tool3
A Framework for OFAC Compliance Commitments1, page 4, section 4: Testing and Auditing OFAC Framework for Sanctions Compliance Programs2, page 2, section 4: Testing and Auditing OFAC Sanctions List Search Tool3
CAMS-KR 문제 203
어떤 시나리오가 변호사에 의한 잠재적인 자금세탁 활동을 나타낼까?
정답: A
Lawyers' trust accounts arecommonly exploited for money laundering, particularly forlayering and integration stages.
Option A (Correct):Receiving and immediately forwarding wire transfers from unknown sources in a high- risk jurisdiction is a strong red flag for money laundering.
Option B (Incorrect):While legal professionals in high-risk countries require monitoring, the transaction itself is not necessarily suspicious.
Option C (Incorrect):Insurance company payments are typically traceable, reducing money laundering risk.
Option D (Incorrect):Lawyers handling real estate transactions is normal unless the deal structure is highly irregular.
Red Flags for Money Laundering in Legal Professions:
Use of client accounts to receive and distribute funds without legal purpose.
Multiple transactions involving unrelated third parties.
Legal services that do not align with the nature of payments received.
Best Practices for AML in Legal Professions:
Conduct enhanced due diligence (EDD) on high-risk transactions.
Monitor transactions involving high-risk jurisdictions.
File Suspicious Activity Reports (SARs) for unexplained transactions.
Reference:
FATF Report on the Misuse of Legal Professionals for ML/TF
6th EU AML Directive (6AMLD) on DNFBPs & Legal Professionals
Wolfsberg Group Guidance on AML for Lawyers & Law Firms
Option A (Correct):Receiving and immediately forwarding wire transfers from unknown sources in a high- risk jurisdiction is a strong red flag for money laundering.
Option B (Incorrect):While legal professionals in high-risk countries require monitoring, the transaction itself is not necessarily suspicious.
Option C (Incorrect):Insurance company payments are typically traceable, reducing money laundering risk.
Option D (Incorrect):Lawyers handling real estate transactions is normal unless the deal structure is highly irregular.
Red Flags for Money Laundering in Legal Professions:
Use of client accounts to receive and distribute funds without legal purpose.
Multiple transactions involving unrelated third parties.
Legal services that do not align with the nature of payments received.
Best Practices for AML in Legal Professions:
Conduct enhanced due diligence (EDD) on high-risk transactions.
Monitor transactions involving high-risk jurisdictions.
File Suspicious Activity Reports (SARs) for unexplained transactions.
Reference:
FATF Report on the Misuse of Legal Professionals for ML/TF
6th EU AML Directive (6AMLD) on DNFBPs & Legal Professionals
Wolfsberg Group Guidance on AML for Lawyers & Law Firms
CAMS-KR 문제 204
테러 자금 조달 방지(CFT)
법 집행 기관은 사이버 범죄자들을 위해 수천만 유로를 세탁한 혐의로 범죄 조직에 소속된 것으로 의심되는 20명을 비밀리에 수사하고 있습니다. 은행의 AML 전문가가 이 경보를 접했을 때 취해야 할 조치는 무엇입니까? (두 가지 선택)
법 집행 기관은 사이버 범죄자들을 위해 수천만 유로를 세탁한 혐의로 범죄 조직에 소속된 것으로 의심되는 20명을 비밀리에 수사하고 있습니다. 은행의 AML 전문가가 이 경보를 접했을 때 취해야 할 조치는 무엇입니까? (두 가지 선택)
정답: A,B
According to the ACAMS CAMS Study Guide, 6th Edition, Chapter 4, Section 4.2, the AML Specialist at a bank should take the following actions upon receiving a confidential alert from law enforcement about suspected money launderers:
Involve the bank's legal and compliance function to address the gravity of the matter and ensure that the bank' s response is appropriate and lawful. The legal and compliance function can also advise on the bank's obligations and rights under the relevant laws and regulations, such as the General Data Protection Regulation (GDPR), the Bank Secrecy Act (BSA), and the USA PATRIOT Act.
Perform a search on the bank's client data platform to determine if the bank has had any business with the named individuals or any related parties. The search should include current and past accounts, transactions, wire transfers, and other relevant records. The AML Specialist should also review any existing customer due diligence (CDD) and enhanced due diligence (EDD) information on the potential suspects and update them as necessary.
The other options are not recommended or required actions for the AML Specialist at a bank in this scenario:
Sending out an email to all of the bank's client advisors to request information on any of the individuals could compromise the confidentiality of the alert and expose the bank to legal and reputational risks. It could also alert the suspects or their associates and hinder the law enforcement investigation.
Reporting findings back to law enforcement only if they are of any significance is not sufficient or compliant with the bank's obligations to cooperate with law enforcement and report any suspicious activity. The AML Specialist should report any relevant information or findings to law enforcement as soon as possible, regardless of their significance, and follow the established procedures and protocols for information sharing and reporting.
Responding to law enforcement that their request without a judicial order would breach the bank's GDPR duty with respect to its clients is not accurate or helpful. The GDPR does not prohibit the bank from sharing personal data with law enforcement for the purposes of preventing, detecting, or investigating money laundering or other criminal activities, as long as the bank has a legal basis and safeguards for doing so. The bank should consult with its legal and compliance function to determine the best way to respond to the law enforcement request and balance its GDPR obligations with its anti-money laundering (AML) duties.
References:
ACAMS CAMS Study Guide, 6th Edition, Chapter 4, Section 4.2
General Data Protection Regulation (GDPR)
Bank Secrecy Act (BSA)
USA PATRIOT Act
Involve the bank's legal and compliance function to address the gravity of the matter and ensure that the bank' s response is appropriate and lawful. The legal and compliance function can also advise on the bank's obligations and rights under the relevant laws and regulations, such as the General Data Protection Regulation (GDPR), the Bank Secrecy Act (BSA), and the USA PATRIOT Act.
Perform a search on the bank's client data platform to determine if the bank has had any business with the named individuals or any related parties. The search should include current and past accounts, transactions, wire transfers, and other relevant records. The AML Specialist should also review any existing customer due diligence (CDD) and enhanced due diligence (EDD) information on the potential suspects and update them as necessary.
The other options are not recommended or required actions for the AML Specialist at a bank in this scenario:
Sending out an email to all of the bank's client advisors to request information on any of the individuals could compromise the confidentiality of the alert and expose the bank to legal and reputational risks. It could also alert the suspects or their associates and hinder the law enforcement investigation.
Reporting findings back to law enforcement only if they are of any significance is not sufficient or compliant with the bank's obligations to cooperate with law enforcement and report any suspicious activity. The AML Specialist should report any relevant information or findings to law enforcement as soon as possible, regardless of their significance, and follow the established procedures and protocols for information sharing and reporting.
Responding to law enforcement that their request without a judicial order would breach the bank's GDPR duty with respect to its clients is not accurate or helpful. The GDPR does not prohibit the bank from sharing personal data with law enforcement for the purposes of preventing, detecting, or investigating money laundering or other criminal activities, as long as the bank has a legal basis and safeguards for doing so. The bank should consult with its legal and compliance function to determine the best way to respond to the law enforcement request and balance its GDPR obligations with its anti-money laundering (AML) duties.
References:
ACAMS CAMS Study Guide, 6th Edition, Chapter 4, Section 4.2
General Data Protection Regulation (GDPR)
Bank Secrecy Act (BSA)
USA PATRIOT Act
CAMS-KR 문제 205
테러 자금 조달(CFT)
금융활동기구(FATF) 40 권고안에 따르면, 테러 자금 조달에 비영리 단체가 악용되는 것을 막기 위해 국가는 무엇을 해야 할까요?
금융활동기구(FATF) 40 권고안에 따르면, 테러 자금 조달에 비영리 단체가 악용되는 것을 막기 위해 국가는 무엇을 해야 할까요?
정답: C
According to the Financial Action Task Force (FATF) 40 Recommendations, countries should implement measures to prevent the abuse of non-profit organizations (NPOs) for the financing of terrorism. One of these measures is to ensure that NPOs cannot be used to conceal or obscure the diversion of funds intended for legitimate purposes to terrorists' organizations. This means that countries should have effective mechanisms to monitor and supervise NPOs, especially those that are at risk of terrorist financing abuse, and to take appropriate actions against NPOs that are involved in such activities. Countries should also ensure that NPOs maintain adequate records of their activities and transactions, and that these records are accessible to competent authorities. Furthermore, countries should promote transparency and accountability in the NPO sector, and encourage NPOs to conduct due diligence on their donors, beneficiaries, and associates.
=
FATF 40 Recommendations, Recommendation 8 and Interpretive Note to Recommendation 8 Best Practices on Combating the Abuse of Non-Profit Organisations, FATF, June 2015 COMBATING THE ABUSE OF NON-PROFIT ORGANISATIONS (RECOMMENDATION 8), FATF, June 2015 Reference:http://www.fatf-gafi.org/media/fatf/documents/reports/BPP-combating-abuse-non- profitorganisations.pdf(p.9)
=
FATF 40 Recommendations, Recommendation 8 and Interpretive Note to Recommendation 8 Best Practices on Combating the Abuse of Non-Profit Organisations, FATF, June 2015 COMBATING THE ABUSE OF NON-PROFIT ORGANISATIONS (RECOMMENDATION 8), FATF, June 2015 Reference:http://www.fatf-gafi.org/media/fatf/documents/reports/BPP-combating-abuse-non- profitorganisations.pdf(p.9)
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