Monetary Authority In Ensuring Compliance With The Provision Of The Guidelines

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MONETARY AUTHORITY IN ENSURING COMPLIANCE WITH THE PROVISION OF THE GUIDELINES
abstract
The following information outlines the current legislative framework for anti-money laundering and anti-terrorist financing (AML/ATF) in Bermuda. There are significant new legislative initiatives which have recently been introduced including amendments made to the Proceeds of Crime Act 1997 and the Anti-Terrorism (Financial and Other Measures) Act 2004 that came into force on the 15th November 2008. On the 1st January 2009 the Proceeds (Anti-Money Laundering and Anti-Terrorist Financing Supervision and Enforcement) Act 2008 and the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008 came into force.
Consolidated versions of the amended Acts and copies of the new legislation can be accessed in the Legislation ​section of this website.
The Proceeds of Crime (Money Laundering) Regulations 1998 have been replaced with the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008 which broaden the range of entities regulated and require relevant AML/ATF regulated financial institutions to adopt “risk-based” AML/ATF systems and controls.

The new Regulations are detailed and are also available in the Legislation ​section of this website.

An AML/ATF regulated financial institution means a person who:

  1. carries on deposit-taking business within the meaning of section 4 of the Banks and Deposit Companies Act 1999;
  2. carries on investment business within the meaning of section 3 of the Investment Business Act 2003;
  3. is an insurer (and not a reinsurer) registered under section 4 of the Insurance Act 1978 who carries on long term business falling within paragraph (a) or (c) of the definition of “long-term business” in section 1(1) of the Insurance Act 1978;
  4. is an insurance manager or broker registered under section 10 of the Insurance Act 1978, but in relation to an insurance broker, only in so far as he acts as a broker in connection with long term business (other than reinsurance business) falling within paragraph (a) or (c) of the definition of “long-term business” in section 1(1) of the Insurance Act 1978;
  5. carries on the business of a fund administrator within the meaning of section 2(2) of the Investment Funds Act 2006;
  6. carries on money service business within the meaning of section 2(2) of the Money Service Business Act 2016;
  7. carries on trust business within the meaning of section 9(3) of the Trusts (Regulation of Trust Business) Act 2001 and is not otherwise exempted by or under paragraph 3 of the Trusts (Regulation of Trust Business) Exemption Order 2002;
  8. is the operator of an investment fund within the meaning of section 2 of the Investment Funds Act 2006; or
  9. carries on corporate service provider business within the meaning of section 2(2) of the Corporate Service Provider Business Act 2012.

The Bermuda Monetary Authority has been provided with powers to monitor financial institutions for compliance with the Regulations under the Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing Supervision and Enforcement) Act 2008 (“the Supervision Act”) which came in effect on 1st January 2009. It should be noted that the Supervision Act gives the Authority the capacity to impose substantial penalties for failure to comply with many provisions in the Regulations.

Section 7 of the Supervision Act requires the Authority to publish a Statement of Principles relating to specified powers in the Act.

A copy of the Statement of Principles is available in the Document Centre under Policy & Guidance/AML/ATF.

In order to assist AML/ATF regulated financial institutions to comply with the provisions of the Proceeds of Crime Act and Regulations the Bermuda Monetary Authority has issued Guidance Notes with the approval of the Minister.

A copy of the Guidance Notes are available in the Document Centre under Policy & Guidance/AML/ATF.

Other key enhancements to the legislative framework include:

The establishment of the Financial Intelligence Agency (FIA) which became operational on the 15th November 2008 when the Financial Intelligence Agency Act 2007 came into force. This Act is available in the Legislation ​section of this website.

The FIA assumes the role previously undertaken by the Financial Investigation Unit of the Bermuda Police Service in relation to suspicious activity reporting. Suspicious Activity Reports should now be filed with the Financial Intelligence Agency.

Amendments to the Proceeds of Crime Act 1997 also modify the composition of the National Anti-Money Laundering Committee and provide for the appointment of a person with relevant experience to be the Chairman for a period not exceeding three years.

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