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Enhancing Anti-Money Laundering and Counter-Terrorist Financing Measures in Moldova
A recent report on Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) measures in the Republic of Moldova has highlighted several key findings and recommendations for improvement. The report provides a comprehensive overview of the current state of AML/CFT measures in Moldova, identifying areas of strength as well as areas that require attention.
Money Laundering/Financial Crimes Risks
While ML/FT risks are generally well-understood by authorities in Moldova, there are still some gaps in supervision. Specifically:
- The report notes that inadequate understanding of ML risks among FIs’ supervisors is a concern, particularly for sectors with lower materiality.
- There is a need to strengthen supervision and ensure that FIs prioritize the assessment of their business-specific ML/FT threats and vulnerabilities.
Prevention and Detection
The National Risk Assessment (NRA) has taken steps to prevent the misuse of legal entities, but there are still some gaps in supervision. Additionally:
- FIs have improved their internal risk assessments and governance, but more needs to be done to ensure effective implementation.
- There is a need to implement a new suspicion-based transaction reporting system as a matter of priority.
Customer Due Diligence
CDD is generally effective in Moldova, but there are some concerns regarding the quality of beneficial ownership (BO) information obtained by banks. Specifically:
- The report notes that there is an insufficient understanding among authorities and banks regarding the nature of trusts and similar arrangements.
- There is a need to improve the accuracy and completeness of BO information.
Transparency of Legal Persons and Arrangements
The NRA does not provide a comprehensive analysis of ML/FT risks related to legal entities. Additionally:
- There are concerns regarding the ability of the Public Services Agency (PSA) to keep BO information accurate and up-to-date without having sanctioning power.
- The report notes that the PSA has limited resources to effectively implement its responsibilities.
International Cooperation
Moldova’s legal framework for international cooperation is well-developed, but there are some moderate shortcomings regarding mutual legal assistance (MLA) on freezing and confiscation. Specifically:
- Authorities actively seek international assistance for ML and predicate offense cases.
- There is a need to improve the effectiveness of MLA procedures.
Recommendations
Based on the report’s findings and analysis, the following priority actions are recommended to improve Moldova’s AML/CFT measures:
- Ensure that FIs prioritize the assessment of their business-specific ML/FT threats and vulnerabilities.
- Implement a new suspicion-based transaction reporting system as a matter of priority.
- Challenge courts with more ML cases relying on inferences that can properly be drawn from available evidence.
- Provide law enforcement agencies (LEAs) with sufficient resources and capacities to make effective use of financial intelligence.
- Consistently employ the legislative framework to the fullest extent to raise the effectiveness of confiscation of proceeds.
Overall, the report highlights areas for improvement in Moldova’s AML/CFT measures and provides recommendations for strengthening its fight against money laundering and terrorist financing.