A-C

D-I

J-M

N-R

S-T

U-Z

FATF Recommendations

Designated categories of offences

Designated categories of offences means:

When deciding on the range of offences to be covered as predicate offences under each of the categories listed above, each country may decide, in accordance with its domestic law, how it will define those offences and the nature of any particular elements of those offences that make them serious offences.

Source: Glossary of the FATF Recommendations

 

Designated non-financial businesses and professions

 Designated non-financial businesses and professions means:

a)      Casinos1

b)      Real estate agents.

c)      Dealers in precious metals.

d)      Dealers in precious stones.

e)      Lawyers, notaries, other independent legal professionals and accountants – this refers to sole practitioners, partners or employed professionals within professional firms. It is not meant to refer to ‘internal’ professionals that are employees of other types of businesses, nor to professionals working for government agencies, who may already be subject to AML/CFT measures.

f)       Trust and Company Service Providers refers to all persons or businesses that are not covered elsewhere under these Recommendations, and which as a business, provide any of the following services to third parties:

[1]   References to Casinos throughout the FATF Standards include internet- and ship-based casinos.

Source: Glossary of the FATF Recommendations

 

Designated person or entity

The term designated person or entity refers to:

(i)       individual, groups, undertakings and entities designated by the Committee of the Security Council established pursuant to resolution 1267 (1999) (the 1267 Committee), as being individuals associated with Al-Qaida, or entities and other groups and undertakings associated with Al-Qaida;

(ii)      individuals, groups, undertakings and entities designated by the Committee of the Security Council established pursuant to resolution 1988 (2011) (the 1988 Committee), as being associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan, or entities and other groups and undertakings associated with the Taliban;

(iii)     any natural or legal person or entity designated by jurisdictions or a supra-national jurisdiction pursuant to Security Council resolution 1373 (2001);

(iv)     any natural or legal person or entity designated for the application of targeted financial sanctions pursuant to Security Council resolution 1718 (2006) and its successor resolutions by the Security Council in annexes to the relevant resolutions, or by the Security Council Committee established pursuant to resolution 1718 (2006) (the 1718 Sanctions Committee) pursuant to Security Council resolution 1718 (2006); and

(v)      any natural or legal person or entity designated for the application of targeted financial sanctions pursuant to Security Council resolution 1737 (2006) and its successor resolutions by the Security Council in annexes to the relevant resolutions, or by the Security Council Committee established pursuant to paragraph 18 of resolution 1737 (2006) (the 1737 Sanctions Committee) pursuant to resolution 1737 (2006) and its successor resolutions.

Source: Glossary of the FATF Recommendations

 

Designation

The term designation refers to the identification of a person1 or entity that is subject to targeted financial sanctions pursuant to:

[1]  Natural or legal.

Source: Glossary of the FATF Recommendations

 

Domestic Wire Transfer

refers to any wire transfer where the ordering financial institution and beneficiary financial institution are located in the same country. This term therefore refers to any chain of wire transfer that takes place entirely within the borders of a single country, even though the system used to transfer the payment message may be located in another country. The term also refers to any chain of wire transfer that takes place entirely within the borders of the European Economic Area (EEA)1 (as this term is used in the Interpretive Note to Recommendation 16).

[1]        An entity may petition the FATF to be designated as a supra-national jurisdiction for the purposes of and limited to an assessment of Recommendation 16 compliance.

Source: Glossary of the FATF Recommendations 

 

Enforceable means

The term “Enforceable means” refers to regulations, guidelines, instructions or other documents or mechanisms that set out enforceable AML/CFT requirements in mandatory language with sanctions for non-compliance, and which are issued or approved by a competent authority. The sanctions for non-compliance should be effective, proportionate and dissuasive (see Recommendation 35) (as this term is used in the Note on the legal basis of requirements on financial institutions and DNFBPs).

Source: Note on the legal basis of requirements on financial institutions and DNFBPs of the FATF Recommendations

 

Ex Parte

The term ex parte means proceeding without prior notification and participation of the affected party.

Source: Glossary of the FATF Recommendations

 

Express trust

Express trust refers to a trust clearly created by the settlor, usually in the form of a document e.g. a written deed of trust. They are to be contrasted with trusts which come into being through the operation of the law and which do not result from the clear intent or decision of a settlor to create a trust or similar legal arrangements (e.g. constructive trust).

Source: Glossary of the FATF Recommendations

 

False declaration

refers to a misrepresentation of the value of currency or BNIs being transported, or a misrepresentation of other relevant data which is required for submission in the declaration or otherwise requested by the authorities. This includes failing to make a declaration as required(as this term is used in the Interpretive Note to Recommendation 32).

Source: Glossary of the FATF Recommendations

 

False disclosure

refers to a misrepresentation of the value of currency or BNIs being transported, or a misrepresentation of other relevant data which is asked for upon request in the disclosure or otherwise requested by the authorities. This includes failing to make a disclosure as required(as this term is used in the Interpretive Note to Recommendation 32).

Source: Glossary of the FATF Recommendations

 

Financial Group

Financial group means a group that consists of a parent company or of any other type of legal person exercising control and coordinating functions over the rest of the group for the application of group supervision under the Core Principles, together with branches and/or subsidiaries that are subject to AML/CFT policies and procedures at the group level.

Source: Glossary of the FATF Recommendations

 

Financial Institutions

Financial institutions means any natural or legal person who conducts as a business one or more of the following activities or operations for or on behalf of a customer:

1.        Acceptance of deposits and other repayable funds from the public.1

2.        Lending.2

3.        Financial leasing.3

4.        Money or value transfer services.4

5.        Issuing and managing means of payment (e.g. credit and debit cards, cheques, traveller's cheques, money orders and bankers' drafts, electronic money).

6.        Financial guarantees and commitments.

7.        Trading in:

      (a) money market instruments (cheques, bills, certificates of deposit, derivatives etc.);

      (b) foreign exchange;

      (c) exchange, interest rate and index instruments;

      (d) transferable securities;

      (e) commodity futures trading.

8.        Participation in securities issues and the provision of financial services related to such issues.  

9.        Individual and collective portfolio management.  

10.      Safekeeping and administration of cash or liquid securities on behalf of other persons.  

11.      Otherwise investing, administering or managing funds or money on behalf of other persons.

12.      Underwriting and placement of life insurance and other investment related insurance.5

13.      Money and currency changing.

[1]  This also captures private banking.

[2]  This includes inter alia: consumer credit; mortgage credit; factoring, with or without recourse; and finance of commercial transactions (including forfeiting).

[3]  This does not extend to financial leasing arrangements in relation to consumer products.

[4]  It does not apply to any natural or legal person that provides financial institutions solely with message or other support systems for transmitting funds. See the Interpretive Note to  Recommendation 16.

[5]  This applies both to insurance undertakings and to insurance intermediaries (agents and brokers).

Source: Glossary of the FATF Recommendations

 

FIU

Financial Intelligence Unit

 

Foreign counterparts

Foreign counterparts refers to foreign competent authorities that exercise similar responsibilities and functions in relation to the cooperation which is sought, even where such foreign competent authorities have a different nature or status (e.g. depending on the country, AML/CFT supervision of certain financial sectors may be performed by a supervisor that also has prudential supervisory responsibilities or by a supervisory unit of the FIU).

Source: Glossary of the FATF Recommendations

 

Freeze

In the context of confiscation and provisional measures (e.g., Recommendations 4, 32 and 38), the term freeze means to prohibit the transfer, conversion, disposition or movement of any property, equipment or other instrumentalities on the basis of, and for the duration of the validity of, an action initiated by a competent authority or a court under a freezing mechanism, or until a forfeiture or confiscation determination is made by a competent authority.

For the purposes of Recommendations 6 and 7 on the implementation of targeted financial sanctions, the term freeze means to prohibit the transfer, conversion, disposition or movement of any funds or other assets that are owned or controlled by designated persons or entities on the basis of, and for the duration of the validity of, an action initiated by the United Nations Security Council or in accordance with applicable Security Council resolutions by a competent authority or a court.

In all cases, the frozen property, equipment, instrumentalities, funds or other assets remain the property of the natural or legal person(s) that held an interest in them at the time of the freezing and may continue to be administered by third parties, or through other arrangements established by such natural or legal person(s) prior to the initiation of an action under a freezing mechanism, or in accordance with other national provisions. As part of the implementation of a freeze, countries may decide to take control of the property, equipment, instrumentalities, or funds or other assets as a means to protect against flight.

Source: Glossary of the FATF Recommendations

 

Fundamental principles of domestic law

This refers to the basic legal principles upon which national legal systems are based and which provide a framework within which national laws are made and powers are exercised. These fundamental principles are normally contained or expressed within a national Constitution or similar document, or through decisions of the highest level of court having the power to make binding interpretations or determinations of national law. Although it will vary from country to country, some examples of such fundamental principles include rights of due process, the presumption of innocence, and a person’s right to effective protection by the courts.

Source: Glossary of the FATF Recommendations

 

Funds

The term funds refers to assets of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets.

Source: Glossary of the FATF Recommendations

 

Funds or other assets

The term funds or other assets means any assets, including, but not limited to, financial assets, economic resources (including oil and other natural resources), property of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such funds or other assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets, and any other assets which potentially may be used to obtain funds, goods, or services.

Source: Glossary of the FATF Recommendations

 

Identification data

 

The term identification data refers to reliable, independent source documents, data or information.

Source: Glossary of the FATF Recommendations

 

IN

Interpretive Note to the FATF Recommendations.

 

Intermediary financial institution

refers to a financial institution in a serial or cover payment chain that receives and transmits a wire transfer on behalf of the ordering financial institution and the beneficiary financial institution, or another intermediary financial institution (as this term is used in the Interpretive Note to Recommendation 16).

Source: Glossary of the FATF Recommendations

 

International organisations

International organisations are entities established by formal political agreements between their member States that have the status of international treaties; their existence is recognised by law in their member countries; and they are not treated as resident institutional units of the countries in which they are located. Examples of international organisations include the United Nations and affiliated international organisations such as the International Maritime Organisation; regional international organisations such as the Council of Europe, institutions of the European Union, the Organization for Security and Co-operation in Europe and the Organization of American States; military international organisations such as the North Atlantic Treaty Organization, and economic organisations such as the World Trade Organisation or the Association of Southeast Asian Nations, etc.

Source: Glossary of the FATF Recommendations