CAMS-KR 문제 221
Financial Action Task Force의 권장 사항에 따르면 자금 세탁 방지를 위해 국가의 금융 정보 기관은 어떤 역할을 합니까?
정답: C
According to the Financial Action Task Force (FATF), a country's financial intelligence unit (FIU) plays a key role in safeguarding against money laundering and terrorist financing. One of the main functions of an FIU is to receive, analyze, and disseminate suspicious activity reports (SARs) submitted by financial institutions and other obligated entities. By analyzing SARs, an FIU can identify trends, patterns, and other intelligence related to money laundering and terrorist financing, which can assist in the pursuit of criminal activity. While an FIU may also generate currency transaction reports (CTRs) or other types of financial reports, these functions are not specific to safeguarding against money laundering and terrorist financing.
Similarly, while monitoring monthly public statistics on the economy may be an important aspect of macroeconomic analysis, it is not a specific role of an FIU in safeguarding against money laundering and terrorist financing.
Similarly, while monitoring monthly public statistics on the economy may be an important aspect of macroeconomic analysis, it is not a specific role of an FIU in safeguarding against money laundering and terrorist financing.
CAMS-KR 문제 222
금융 기관 직원에 대한 내부 조사를 수행할 때 조사 자료가 공개되지 않도록 보호하려면 해당 금융 기관의 법률 고문이 ________해야 합니까?
정답: A
According to the Anti-Money Laundering Specialist (the 6th edition) study guide, one of the best practices for conducting an internal investigation is to request formal company authorization to conduct the investigation. Such authorization should be granted, if possible, by the board of directors or audit committee, as this will help to establish the independence and legitimacy of the investigation, as well as the protection of the attorney-client privilege and the work product doctrine1. The other options are incorrect because:
B). Refusing to provide any records or documents to law enforcement may be seen as obstructing justice or violating regulatory obligations, and may also result in the loss of the privilege or the imposition of sanctions or penalties23.
C). Letting the bank hire any and all contract investigators may compromise the quality and integrity of the investigation, as well as the protection of the privilege or the work product doctrine, as the investigators may not be properly supervised or instructed by legal counsel, or may not be covered by the Kovel doctrine45.
D). Not marking files or documents with privileged and confidential: attorney-client privilege and/or work- product may undermine the claim of the privilege or the work product doctrine, as it may indicate that the materials were not prepared for the purpose of seeking or providing legal advice or in anticipation of litigation, or that they were not intended to be kept confidential67.
1: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
2: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 151
3: Perkins Coie, Protecting Internal Investigation Materials From Disclosure, Updates, August 10, 2020
4: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
5: Eversheds Sutherland, Legal privilege of corporate internal investigations under US law - 2019 caselaw update, JDSupra, December 20, 2019
6: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
7: Norton Rose Fulbright, Internal investigations: when does privilege apply?, Global law firm, September 11,
2018
B). Refusing to provide any records or documents to law enforcement may be seen as obstructing justice or violating regulatory obligations, and may also result in the loss of the privilege or the imposition of sanctions or penalties23.
C). Letting the bank hire any and all contract investigators may compromise the quality and integrity of the investigation, as well as the protection of the privilege or the work product doctrine, as the investigators may not be properly supervised or instructed by legal counsel, or may not be covered by the Kovel doctrine45.
D). Not marking files or documents with privileged and confidential: attorney-client privilege and/or work- product may undermine the claim of the privilege or the work product doctrine, as it may indicate that the materials were not prepared for the purpose of seeking or providing legal advice or in anticipation of litigation, or that they were not intended to be kept confidential67.
1: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
2: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 151
3: Perkins Coie, Protecting Internal Investigation Materials From Disclosure, Updates, August 10, 2020
4: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
5: Eversheds Sutherland, Legal privilege of corporate internal investigations under US law - 2019 caselaw update, JDSupra, December 20, 2019
6: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
7: Norton Rose Fulbright, Internal investigations: when does privilege apply?, Global law firm, September 11,
2018
CAMS-KR 문제 223
기관은 수년 동안 고객이었던 지역 회사로부터 신용 요청을 받습니다. 회사가 제공한 정보에 따르면 여러 자회사가 새로 추가되면서 자산이 크게 증가했습니다. 기관에서 수행한 추가 연구는 새로운 자회사가 최근에 만들어진 셸 회사임을 나타냅니다.
이것은 잠재적인 자금 세탁을 나타낼 수 있습니까?
이것은 잠재적인 자금 세탁을 나타낼 수 있습니까?
정답: D
Shell companies are business entities that exist only on paper, with no physical presence, no employees, and no operations. They are often used for legitimate purposes, such as facilitating mergers and acquisitions, protecting assets, or managing investments. However, they are also frequently exploited for illegal activities, such as tax evasion and money laundering, due to their ability to obscure ownership and financial transactions12. Money launderers can use shell companies to disguise the origin of illicit funds, evade sanctions, and avoid the anti-money laundering (AML) measures that financial institutions use to detect suspicious activity23. The process typically involves setting up a shell company in a jurisdiction known for strict privacy laws, such as a tax haven, and then using it to move and hide illicit funds while hiding the identity of the ultimate beneficiaries13.
In this scenario, the fact that the company has been a client for many years does not rule out the possibility of money laundering. The company could have changed its ownership, activities, or risk profile over time, or it could have been involved in money laundering all along without being detected. The fact that the company has added several new subsidiaries that are recently created shell companies is a red flag that indicates potential money laundering. The company could be using the shell companies to hide the source and destination of its funds, or to conceal the identity of its beneficial owners. The institution should perform enhanced due diligence on the company and its subsidiaries, and report any suspicious transactions or activities to the relevant authorities.
How Shell Companies Are Used in Money Laundering: A Detailed Guide
Shell Companies and Money Laundering
The Role of Shell Companies in Money Laundering
In this scenario, the fact that the company has been a client for many years does not rule out the possibility of money laundering. The company could have changed its ownership, activities, or risk profile over time, or it could have been involved in money laundering all along without being detected. The fact that the company has added several new subsidiaries that are recently created shell companies is a red flag that indicates potential money laundering. The company could be using the shell companies to hide the source and destination of its funds, or to conceal the identity of its beneficial owners. The institution should perform enhanced due diligence on the company and its subsidiaries, and report any suspicious transactions or activities to the relevant authorities.
How Shell Companies Are Used in Money Laundering: A Detailed Guide
Shell Companies and Money Laundering
The Role of Shell Companies in Money Laundering
CAMS-KR 문제 224
어떤 제품이 자금 세탁 위험이 가장 높은 것으로 간주됩니까?
정답: D
International wire transfers are considered to be of highest money laundering risk because they can facilitate the rapid and anonymous movement of funds across borders and jurisdictions, making it difficult for law enforcement and regulators to trace the origin and destination of the funds, and to identify the beneficial owners and controllers of the accounts involved. International wire transfers can also be used to layer and integrate illicit proceeds into the legitimate financial system, by disguising the source, ownership, and purpose of the funds. International wire transfers can involve multiple intermediaries, complex payment chains, and inconsistent or incomplete information, whichcan increase the risk of money laundering and terrorist financing. Therefore, international wire transfers are subject to enhanced due diligence, record-keeping, and reporting requirements under various anti-money laundering and counter-terrorist financing (AML/CTF) regulations and standards, such as the Financial Action Task Force (FATF) Recommendations1, the European Union (EU) Funds Transfer Regulation2, and the United States (US) Bank Secrecy Act3.
1: FATF (2012), International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation, FATF, Paris, France, Recommendation 16 and Interpretive Note to Recommendation 16. 2:
Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1) 4 3:
31 U.S.C. 5311-5330 and 31 C.F.R. Chapter X
V
You cannot make international money transfers unless the money is credited to the account. So first priority saving account, subsequent risk international wire transfer
"A savings account, as well as a checking account, can be one of the riskiest financial instruments for money laundering operations given the ease with which it can be opened and operated".
1: FATF (2012), International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation, FATF, Paris, France, Recommendation 16 and Interpretive Note to Recommendation 16. 2:
Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1) 4 3:
31 U.S.C. 5311-5330 and 31 C.F.R. Chapter X
V
You cannot make international money transfers unless the money is credited to the account. So first priority saving account, subsequent risk international wire transfer
"A savings account, as well as a checking account, can be one of the riskiest financial instruments for money laundering operations given the ease with which it can be opened and operated".
CAMS-KR 문제 225
테러 자금 조달 방지(CFT)
규정 준수 분석가가 상장 기업과 고위험 관할권 내 기업 간의 최근 활동을 검토하고 있습니다. 어떤 세부 사항을 통해 상황 악화가 필요하다는 것을 알 수 있습니까?
규정 준수 분석가가 상장 기업과 고위험 관할권 내 기업 간의 최근 활동을 검토하고 있습니다. 어떤 세부 사항을 통해 상황 악화가 필요하다는 것을 알 수 있습니까?
정답: D
According to the ACAMS CAMS Certification Study Guide (6th edition), one of the red flags for money laundering is the transfer of large sums of money to or from high-risk jurisdictions, especially if the transactions are inconsistent with the customer's profile or business activity. Large payments to a beneficiary in a high-risk jurisdiction may indicate that the originator is involved in illicit activities such as tax evasion, fraud, corruption, or terrorism financing. Therefore, such payments should be escalated for further investigation and reporting1
1: ACAMS CAMS Certification Study Guide (6th edition), page 64.
1: ACAMS CAMS Certification Study Guide (6th edition), page 64.
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