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Iraq’s Financial Institutions and DNFBPs Must Comply with Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) Regulations

Introduction

The Iraqi government has issued a new law requiring financial institutions and Designated Non-Financial Businesses and Professions (DNFBPs) to comply with anti-money laundering and combating the financing of terrorism (AML/CFT) regulations.

Definition of Financial Institutions and DNFBPs

According to Article 1 of the Law, financial institutions are defined as:

  • Banks
  • Credit unions
  • Insurance companies
  • Other financial services providers

DNFBPs include:

  • Lawyers
  • Accountants
  • Real estate agents
  • Other professionals who may be involved in transactions with high-risk clients

Obligations of Financial Institutions

Financial institutions must comply with the following obligations:

  • Establishing policies and procedures for identifying and preventing money laundering and terrorist financing
    • Conduct regular training programs for employees on AML/CFT risks and detection methods
    • Implement internal controls to prevent unauthorized transactions
    • Reporting suspicious activities to the relevant authorities
    • Maintaining records of customer information and transaction data

Designated Non-Financial Businesses and Professions (DNFBPs)

DNFBPs are also subject to certain obligations:

  • Conducting customer due diligence and ongoing monitoring of transactions
  • Reporting suspicious activities to the relevant authorities
  • Refraining from dealing with individuals or entities suspected of money laundering or terrorist financing

Terrorist Funds Freezing Committee

A Terrorist Funds Freezing Committee has been established at the Secretariat of the Central Bank of Iraq to be responsible for freezing the funds of terrorists or other assets of persons designated by the UN Sanctions Committee.

The committee will consist of representatives from various government ministries and agencies, including:

  • Ministry of Finance
  • Ministry of Interior
  • Ministry of Foreign Affairs
  • Others

Penalties for Non-Compliance

The law provides for penalties for financial institutions and DNFBPs that fail to comply with AML/CFT regulations, including:

  • Fines
  • Imprisonment

The Iraqi government has emphasized the importance of combating money laundering and terrorist financing in order to protect the country’s financial system and prevent the funding of illegal activities. The new law is expected to improve transparency and accountability in the financial sector and reduce the risk of money laundering and terrorist financing.

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