Regulatory Framework for Risk-Based Approach in Conventional Banks
Overview
The Central Bank of Bahrain Rulebook Volume 1 outlines a risk-based approach for conventional banks in the Financial Crime chapter (FC-C). Sections FC-C.2 and FC-C.2.5 through FC-C.2.7 focus on the Risk Assessment aspect of this framework.
Key Points: Enhanced Measures for Higher ML/TF Risks
- Implement enhanced measures: Banks must implement additional measures when higher Money Laundering/Terrorist Financing (ML/TF) risks are identified.
- Regular risk assessments and mitigation strategies: Perform regular risk assessments and implement mitigation strategies to address these risks.
Risk Assessment and Documentation
- Conduct thorough risk assessments: Banks must conduct thorough risk assessments, documenting their processes and communicating them to senior management.
- Consider internal and external sources of information: Assessments should consider various sources of information, including:
- National risk assessments
- Crime statistics
- Typologies
- Red flags
- Guidance from international organizations like the FATF (Financial Action Task Force)
- AML/CFT reports
Risk Categories
- Country/geographic risk: Countries identified by credible sources as lacking adequate AML/CFT systems or providing support for terrorist activities may pose higher ML/TF risks.
- Customer/investor risk: Assess the risk associated with customers and investors, considering factors such as corporate governance arrangements and products or services that provide anonymity or facilitate cash transactions.
- Product/service/transactions risk: Evaluate the risk associated with specific products, services, and transactions, including the volume and size of transactions.
- Distribution channel risk: Assess the risk associated with different distribution channels.
PEPs Consideration
- Enhanced due diligence measures: Banks must apply enhanced due diligence measures to customers who are or have been PEPs, including:
- Verifying the identity and beneficial ownership of these individuals
- Ensuring they comply with relevant regulations
Summary
When considering the ownership of a bank involving PEPs, financial institutions should:
- Implement robust risk assessments and mitigation strategies
- Document their processes and communicate them to senior management
- Consider various risk categories, including country/geographic, customer/investor, product/service/transactions, and distribution channel risks
- Apply enhanced due diligence measures for PEPs
By adhering to these regulatory guidelines, banks can effectively manage the risks associated with PEPs and ensure compliance with anti-money laundering and combating terrorist financing regulations.