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Anti-Money Laundering (AML), Combating the Financing of Terrorism (CFT), and Proliferation Financing (PF) Regulations in the Cayman Islands

Overview

The Cayman Islands government, through the Financial Services Division, has published Guidance Notes to provide a comprehensive overview of Anti-Money Laundering (AML), Combating the Financing of Terrorism (CFT), and Proliferation Financing (PF) regulations. This article summarizes key points from these Guidance Notes.

Money Laundering and Terrorist Financing


Money laundering is a significant concern in the Cayman Islands, with terrorist groups using various methods to launder funds. Some common methods used include:

  • Cash smuggling
  • Structured deposits
  • Purchases of monetary instruments
  • Credit or debit card transactions
  • Wire transfers

Charities and non-profit organizations (NPOs) can be vulnerable to misuse for terrorist financing.

Underground Banking


Underground banking systems, such as hawala, have been linked to money laundering and terrorist financing activities. Financial services providers (FSPs) should be aware of these systems and develop procedures to identify transactions that may be linked to them.

Reporting Requirements


Any person who believes or suspects another person has committed an offense under the Anti-Terrorist Act must disclose the information to the Financial Reporting Authority (FRA) or the police. Failure to do so is an offense punishable by imprisonment and a fine.

Proliferation Financing


Proliferation financing refers to providing funds or financial services used for the manufacture, acquisition, possession, development, export, transportation, transfer, stockpiling, or use of nuclear, chemical, radiological, or biological weapons. The Anti-Terrorist Act deals with matters related to the prevention, suppression, and disruption of proliferation financing.

Sanctions Compliance


FSPs must comply with international targeted financial sanctions/orders, designations, and directions issued in relation to terrorist financing/proliferation financing. United Nations (UN) and European Union (EU) sanctions are implemented in the Cayman Islands by way of Overseas Orders in Council.

Conclusion

These Guidance Notes provide a comprehensive overview of the regulations and requirements related to AML/CFT/PF in the Cayman Islands, emphasizing the importance of vigilance and compliance for financial services providers.