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Financial Fraud Investigation Techniques in Turkey: A Look into MASAK’s Role and Compliance Requirements
As part of its efforts to combat financial crimes, Turkey has established the Turkish Financial Crimes Investigation Board (MASAK), a financial intelligence agency under the Ministry of Finance and Treasury. In this article, we will explore how MASAK conducts investigations and what compliance requirements financial institutions must adhere to in order to avoid falling prey to financial fraud.
MASAK’s Primary Role
As the primary agency responsible for investigating financial crimes in Turkey, MASAK’s main objective is to analyze developments in money laundering and develop strategies to prevent and expose such offenses. The agency also formulates policies, conducts investigations and audits, and reports on its findings to ensure that Turkey’s legal system complies with international standards.
Compliance Requirements
To comply with Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CTF) regulations in Turkey, financial institutions must implement a comprehensive compliance program. This program includes several key components:
- Onboarding Principles:
- Establish clear procedures for onboarding new customers.
- Due Diligence Principles:
- Conduct thorough due diligence on all customers, including background checks and verification of customer identity.
- Suspicious Transaction Reporting Procedures:
- Report any suspicious transactions to MASAK immediately or within 10 working days.
- Documentation Principles:
- Maintain accurate records of all transactions and customers, and be prepared to provide this information upon request.
- Independent Audits:
- Regular independent audits are necessary to ensure compliance with AML/CTF regulations.
Reporting Suspicious Transactions
One of the key responsibilities of financial institutions in Turkey is to report suspicious transactions to MASAK. Any transaction that is suspected of being related to money laundering or terrorism financing must be reported, regardless of its value. This includes multiple transactions that may be linked together.
The “compliance officer” appointed by the Board of Directors is responsible for reporting suspicious transactions to MASAK. The agency must be notified within 10 working days of suspicion arising, unless delay would be inconvenient in which case immediate notification is required.
Penalties for Non-Compliance
Financial institutions that fail to comply with AML/CTF regulations in Turkey face severe penalties, including imprisonment and fines. Those who break the rule of not explaining suspicious transaction reports to anyone, including parties involved in the transaction, can be sentenced to up to three years in prison and fined up to $5,000.
Conclusion
MASAK plays a critical role in combating financial crimes in Turkey by investigating and preventing money laundering and terrorism financing. Financial institutions must adhere to strict compliance requirements, including reporting suspicious transactions, maintaining accurate records, and conducting independent audits. Failure to comply with these regulations can result in severe penalties, making it essential for institutions to prioritize AML/CTF compliance.