Financial Crime World

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Mongolia’s Legal Framework: Trusts and Foreign Arrangements

A comprehensive assessment of Mongolia’s legal framework has revealed that foreign trusts and similar structures cannot be formed under Mongolian law. The country does not have a significant presence of foreign trusts, with no evidence suggesting that DNFBPs (Designated Non-Financial Businesses and Professions) are involved in their formation or management.

  • Mongolia lacks specific laws or regulations governing trusts or foreign arrangements.
  • The country’s legal framework is limited, making it difficult to assess ML/TF risks associated with these structures.

Mongolia’s Money Laundering and Terrorist Financing Risks

Mongolia faces significant ML/TF risks due to:

  • Lack of expertise among relevant agencies
  • Gaps in its legal framework related to TF (Terrorist Financing)
  • Negligible implementation of TF measures in the non-bank sector
  • Limited trade with high-risk jurisdictions, such as North Korea and Iran

Assessment of Risks and Coordination

Mongolia has completed its first ML/TF National Risk Assessment (NRA) in 2016, but:

  • The assessment is primarily focused on ML risks
  • The country’s understanding of its ML risk needs significant improvement across government agencies
  • For TF, the NRA includes negligible identification and analysis of Mongolia’s TF threats and vulnerabilities

Private Sector Involvement

Private sector involvement in Mongolia’s AML/CFT regime is limited:

  • With the exception of larger banks, private sector understanding of Mongolia’s ML/TF risk is negligible

National Cooperation and Coordination Mechanisms

Mongolia has two national cooperation and coordination mechanisms for its AML/CFT regime:

  • The National Cooperation Council (NCC)
  • The National Counter Terrorism Coordinative Council (NCTCC)

However, the degree to which these mechanisms coordinate operational activities related to ML or TF is limited.

Further Recommendations

To strengthen its legal framework, Mongolia should consider:

  • Introducing specific laws and regulations governing trusts and foreign arrangements
  • Improving its understanding of its ML/TF risks
  • Increasing private sector involvement in the AML/CFT regime
  • Enhancing cooperation and coordination among relevant agencies

In conclusion, Mongolia’s legal framework is limited, with significant ML/TF risks associated with its lack of expertise and gaps in its legal framework. To mitigate these risks, the country must:

  • Improve its understanding of its ML/TF risks
  • Increase private sector involvement
  • Enhance cooperation and coordination among relevant agencies