Page 13 - Bullion World Volume 3 Issue 9 September 2023
P. 13

Bullion World | Volume 3 | Issue 9 | September 2023


           Mr Bhargava Vaidya,               Mr Vaidya also spoke about the
           BN Vaidya & Associates            Financial Task Force (FATF), which
           started with the history of money   was formed at the 1989 G7 Summit
           laundering                        in Paris to combat the growing
           •   Bank Secrecy Act of 1970      problem of money laundering and
           •   Money Laundering Control Act,   to set standards and promote
              1986                           effective implementation of legal,
           •   Anti-Drug Abuse Act, 1988     regulatory and operational measures
           •   Annunzio-Wylie Anti-Money     for combating money laundering,
              Laundering Act, 1992           terrorist financing and other related
           •   Money Laundering Suppression   threats to the integrity of the
              Act, 1994                      international financial system. The
           •   Money Laundering and Financial   FATF is considered the global money
              Crimes Strategy                laundering and terrorist financing
              Act, 1998                      watchdog.                               Mr Bhargava Vaidya
           •   USA PATRIOT Act, 2001
           •   Intelligence Reform & Terrorism
              Prevention Act, 2004.


           The speaker detailed the recommendations regarding the FATF, which are as follows:-
           The 40 Recommendations are divided into seven distinct areas:

           •   AML/CFT Policies and coordination                 persons and arrangements
           •   Money laundering and confiscation              •   Powers and responsibilities of competent authorities
           •   Terrorist financing and financing of proliferation   and other institutional measures
           •   Preventive measures                            •   International cooperation.
           •   Transparency and beneficial ownership of legal


           In addition to the above, Mr Bhargava presented insightful information on the PMLA guidelines followed by various other
           countries like Singapore, Hong Kong, UAE and India, which is detailed in the slides below:-


           SINGAPORE (APG)                                    WHO HAS TO REGISTER
           PRECIOUS STONES AND PRECIOUS METALS                •   manufacturing any precious stone, precious metal or
           (PREVENTION OF MONEY LAUNDERING                       precious product;
           AND TERRORISM FINANCING) ACT, 2019                 •   importing or possessing for sale any precious stone,
                                                                 precious metal or precious product;
           MONEY LAUNDERING                                   •   selling or offering for sale any precious stone,
           •   Part 2, 3 or 5;                                   precious metal or precious product;
           •   sections 50 to 57 of the Corruption, Drug Trafficking   •   selling or redeeming asset-backed tokens;
              and Other Serious Crimes (Confiscation of Benefits)   •   purchasing any precious stone, precious metal or
              Act 1992;                                          precious product for the purposes of resale;
           •   the Terrorism (Suppression of Financing) Act 2002;  •   Or intermediaries thereof above.
           •   any regulations made under the United Nations Act
              2001;                                           HONGKONG (APG)
           •   any provision of any other written law relating to   •   Expanding of Anti Money Laundering and Counter
              the prevention of money laundering or terrorism    Terrorist Financing legislation
              financing; or                                   •   on 7th December, 2022
           •   the law of any foreign country or territory relating   •   Dealers of Precious Metals and stones covered from
              to the prevention of money laundering or terrorism   1st April, 2023.
              financing;





                                                                                                          13
   8   9   10   11   12   13   14   15   16   17   18