The Hong Kong Financial Authority (HKMA) has imposed a HK$4 million penalty on China CITIC Financial institution Worldwide Restricted (CITIC) for violations of the Anti-Cash Laundering and Counter-Terrorist Financing Ordinance (AMLO), as reported by the Hong Kong Financial Authority. This disciplinary motion concludes a complete investigation into CITIC’s compliance with the AMLO.
Investigation Findings
The investigation by the HKMA revealed vital deficiencies in CITIC’s programs and controls for compliance with the AMLO. Particularly, the financial institution did not implement efficient detection guidelines and core mannequin guidelines in its automated transaction monitoring system, resulting in an absence of system alerts for suspicious transactions between November 2015 and July 2018. Moreover, CITIC didn’t adequately look at the background and objective of sure buyer transactions or doc its findings throughout this era.
Disciplinary Measures
The HKMA’s choice to impose a pecuniary penalty thought of a number of components, together with the seriousness of the findings and the need of sending a deterrent message to the monetary trade concerning the significance of sturdy controls towards cash laundering and terrorist financing dangers. CITIC has since applied remedial actions to handle the recognized points and has no prior disciplinary report associated to the AMLO. The financial institution cooperated with the HKMA all through the investigation and enforcement proceedings.
Official Commentary
Raymond Chan, Govt Director (Enforcement and AML) of the HKMA, emphasised the important nature of sustaining a strong transaction monitoring system in combating monetary crime. He acknowledged, “The integrity and robustness of a transaction monitoring system is important within the ongoing combat towards monetary crime. It will be important for banks to make sure that their transaction monitoring system is correctly configured and operates successfully.”
Trade Implications
This disciplinary motion serves as a reminder to monetary establishments in Hong Kong of the stringent necessities underneath the AMLO. The ordinance mandates buyer due diligence and record-keeping obligations for specified monetary establishments, together with approved establishments and designated non-financial companies and professions. Because the related authority, the HKMA continues to implement these laws to uphold the integrity of the monetary system.
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