Rules of which organization dictates insurance company aml requirements and responsibilities.

Guide

07 Jul 2022

5 hours read

This guidance is designed to help legal professionals and firms comply with the Money Laundering Regulations 2017 (as amended).

The guidance has two parts:

  • part one: anti-money laundering guidance for the legal sector
  • part two: specific anti-money laundering guidance for
    • barristers/advocates (2a)
    • trust or company service providers (2b) 
    • notaries (2c) 

2b and 2c are to be read alongside part one of the guidance. 2a is designed to be read independently of part one.

The Legal Sector Affinity Group (LSAG) reviewed and redrafted the guidance following the implementation of the EU 5th Money Laundering Directive.

LSAG is made up of the legal sector’s regulatory and representative bodies, including the Law Society of England and Wales.

HM Treasury approved the guidance in July 2022.

The Money Laundering Regulations 2017 were amended by the:

  • Money Laundering and Terrorist Financing (Amendment) Regulations 2019
  • Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020

The guidance replaces our practice note on anti-money laundering and previous versions of the guidance.

Browse the interactive guidance using the navigation on the left-hand side of this page or download a PDF version.

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Which organization dictates insurance company AML requirements and responsibilities?

Financial Crimes Enforcement Network (FinCEN) rules that dictate insurance company AML requirements and responsibilities.

Who is responsible for ensuring that the AML program is implemented?

The Bank Secrecy Act, among other things, requires financial institutions, including broker-dealers, to develop and implement AML compliance programs. Members are also governed by the anti-money laundering rule in FINRA Rule 3310.

Which of the following might be considered a red flag under FinCEN rules?

Some examples of "red flags" include, but are not limited to, the following: the purchase of an insurance product inconsistent with the customer's needs; unusual payment methods, such as cash, cash equivalents (when such a usage of cash or cash equivalents is, in fact, unusual), or structured monetary instruments; ...

What legislation deals most directly with anti

31 CFR § 1025.210 - Anti-money laundering programs for insurance companies..
(a) In general. ... .
(b) Minimum requirements. ... .
(1) Incorporate policies, procedures, and internal controls based upon the insurance company's assessment of the money laundering and terrorist financing risks associated with its covered products..