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Anti-Money Laundering Act in Finland
Preventing Money Laundering and Terrorist Financing
The Anti-Money Laundering Act in Finland imposes significant responsibilities on operators to prevent money laundering and terrorist financing. This guide outlines the key points for compliance.
Responsibility and Training
Operators must ensure that their staff are trained to identify and prevent money laundering and terrorist financing. Additionally, responsibility for internal compliance can be delegated to a member of the organization’s management.
Key Responsibilities
- Ensure staff training on anti-money laundering and terrorist financing
- Delegate responsibility for internal compliance to a member of the organization’s management
Customer Due Diligence (CDD)
Knowing your customer is essential in preventing money laundering. This includes:
- Identifying customers
- Verifying identity from official documents
- Identifying representatives and checking their authenticity
- Identifying beneficial owners and verifying their identity (if necessary)
- Running background checks
CDD Document Retention
CDD documents must be kept for at least 5 years after the end of each customer relationship or transaction.
Enhanced Customer Due Diligence
Enhanced due diligence is required in certain situations:
- A specific customer relationship or transaction involves an unusually high risk of money laundering or terrorist financing.
- A customer has links to a high-risk country outside the European Economic Area.
- Non-face-to-face identification is required.
- The customer or beneficial owner is a politically exposed person (PEP) or closely related to a PEP.
Monitoring and Reporting
Operators must monitor customers’ activity to identify suspicious transactions. If unsure about the origin of funds, report the transaction to the National Bureau of Investigation’s Financial Intelligence Unit. Report transactions that involve individuals or organizations subject to freezing orders or financial sanctions to the Helsinki Enforcement Office.
Key Responsibilities
- Monitor customer activity for suspicious transactions
- Report transactions to the National Bureau of Investigation’s Financial Intelligence Unit if unsure about the origin of funds
- Report transactions involving individuals or organizations subject to freezing orders or financial sanctions to the Helsinki Enforcement Office
Beneficial Owners and PEPs
Beneficial owners are individuals with control over a business or organization through:
- Holding more than 25% of shares directly or indirectly.
- Holding more than 25% of voting rights directly or indirectly.
- Other means (e.g., shareholders’ agreements).
Politically exposed persons (PEPs) include individuals holding important public positions, as defined in a government decree.
Key Responsibilities
- Identify beneficial owners and verify their identity if necessary
- Identify PEPs and report to the National Bureau of Investigation’s Financial Intelligence Unit
Prevention of Terrorist Financing
Operators must help prevent terrorist financing by monitoring customers’ activity and reporting suspicious transactions to the National Bureau of Investigation’s Financial Intelligence Unit. Compliance with laws on sanctions and freezing funds is essential.
Key Responsibilities
- Monitor customer activity for suspicious transactions related to terrorist financing
- Report suspicious transactions to the National Bureau of Investigation’s Financial Intelligence Unit