AML Reform 2021: Now the Real Work Begins
“Something Good This Way Comes”[1] As the new Congress and the Biden Administration continue to grapple with COVID relief, economic uncertainty, national security and all the proverbial “curveballs” facing society; there also remains oversight and implementation of a wide array of provisions from the Anti-Money Laundering Act of 2020. Our AML community knows that this legislation is clearly the broadest, and potentially the most dramatic change to the infrastructure for money laundering, sanctions and financial crime prevention in the United States since the 2001 USA PATRIOT Act. This new law has encourage the creations of a series of studies, strategies, and groups that will demand our continued diligence and participation as relevant stakeholders in every issue and project emanating from this process. There can be an entire chapter on the soon-to-be (after regulations) beneficial ownership reporting requirements and the FinCEN registry, but there are other important areas on which to also focus. Not all parts of the new law will be finalized or even begun in 2021, but here are some of the key sections to watch and weigh in on:
The AML Community List - 2021: What will be Out and In for the Upcoming Year?
I have always enjoyed The Washington Post’s (and I am sure various other publications) list for the next year. The uniqueness is, of course, they eliminate a popular or hot issue with a new one for the next calendar year. To say 2020 was different would be a vast understatement. What was clearly the most chaotic and challenging time for the entire world will, in most cases, sadly stay with us for a long time to come. The following are my (and mine alone) predictions for 2021, which is extremely foolish given what we just went through (and are still dealing with), but limited to AML related issues and themes. As David Letterman would have said, this is only an exhibition, not a competition -- so please, no wagering…
2020—AML Year End Review and What will 2021 Bring?
Ball of Confusion[i] Having been in what we call the AML community for close to 35 years, it was always clear to me that a “year-in-review” is both arbitrary and doesn’t really give you a cohesive sense of themes. However, everyone does it so here goes:
Assisting NPO’s and Their Need for Financial Access
Finally, “Work to Do”[i] Having spent a good deal of my career dealing with legislation, regulations, guidance and assorted policy statements, it never ceases to amaze me how long some things take from start to finish. Of course, I have seen money laundering related legislation virtually every two years from 1986-96 and the three weeks it took to pass the USA PATRIOT Act in 2001, but other issues are not done so swiftly.
How to Interpret the New Joint Statement on Enforcement of BSA/AML Requirements
You Better Think Twice[i]
IRS Newswire—sometimes the best anti-fraud resources are free
I know there’s an answer[I]
Examinations During the Pandemic
No Deja Vu[1] Examiners will consider the unique, evolving, and potentially long-term nature of the issues confronting institutions and exercise appropriate flexibility in their supervisory response. Stresses caused by COVID-19 can adversely impact an institution’s financial condition and operational capabilities, even when institution management has appropriate governance and risk management systems in place to identify, monitor, and control risk.[2] We are all guilty of saying something along the lines of “wow, this has never happened before” and occasionally we are right. Next year will be twenty years since 9/11, a direct attack on the US; now we have this pandemic which is the first event of such magnitude since 1918. So, for 90% of us, this has never happened before. As such, all responses are new and there are no parallels.
