Contents
AML/ CTF Control Plan
The AML officer must ensure the appropriateness and effectiveness of the organisational and work
instructions established and of the business and customer-related internal protection systems of the
undertaking by means of risk-based monitoring activities, within the scope of a structured approach.
In principle, all key areas of the obliged entity’s operations must be included in this monitoring, including the risks for the individual business units.
The AML officer will implement this monitoring by means of his own risk-based audit activities or else through third-party audit activities.
Monitoring activities relate to transactions and business relationships which, on the basis of the obliged entity’s expertise, may entail money laundering or terrorist financing risks.
These monitoring activities are to be implemented independently of the retrospective audit obligations of the internal auditors.
Unlike the audits performed by the internal auditors, where necessary the AML officer will perform his monitoring activities in connection with the prevention of money laundering and terrorist financing during the course of a process, or at least promptly.
For the performance of his duties, the AML officer is moreover entitled to take samples without any
restrictions.
The AML officer must investigate transactions which are particularly complex or unusually large by comparison with similar transactions, which follow an unusual pattern of transactions or which are implemented without any obvious economic or legal purpose.
Risk-based audit plan
Checklist based on Section 56 (1) GwG
- Risk Identification and Assessment
- Risk Assessment Documentation and Regular Review
- Implementation and Monitoring of Internal Safeguards
- Operation and Updating of Data Processing Systems
- Compliance with Enforceable Orders
- Recording and Storing Information, Investigation Results, and Assessments
- Retention of Records or Evidence for Five Years
- Creation of Group-wide Uniform Arrangements, Procedures, and Internal Safeguards
- Effective Implementation of Group-wide Uniform Obligations and Internal Safeguards
- Compliance of Group Companies in EU Member States with AML Laws
- Ensuring Additional Measures in Third-Country Branches and Group Companies
- Adherence to Enforceable Orders for Group-wide Internal Safeguards
- Implementation of Specified Group-wide Internal Safeguards
- Implementation of Additional Specified Group-wide Internal Safeguards
- Identification of Contracting Party or Legal Representatives
- Verification of Contracting Party representing Beneficial Owner
- Identification of Beneficial Owner
- Obtaining and Evaluating Information on Business Relationship Purpose
- Determining Politically Exposed Persons (PEPs), Family Members, or Close Associates
- Continuous Monitoring of Business Relationships
- Determining Specific Scope of Due Diligence Measures
- Demonstrating Appropriateness of Internal Safeguards Based on Risks
- Compliance with Due Diligence Requirements
- Notification Requirement Compliance
- Establishment or Termination of Business Relationships; Execution of Transactions
- Timely Identification of Contracting Party, Legal Representatives, or Beneficial Owners
- Identification of Contracting Parties or Beneficial Owners
- Renewed Identification Requirements
- Collection of Required Information
- Establishing the Beneficial Owner’s Identity
- Verification and Monitoring of Transactions and Business Relationships
- Fulfillment of Enhanced Due Diligence
- Obtaining Senior Management Approval (in cases of High-Risk factor or PEP/RCA)
- Taking Required Measures as Specified
- Conducting Enhanced, Ongoing Monitoring of Business Relationships
- Gathering Information as Required
- Obtaining Senior Management Approval (in case of High-Risk Third County)
- Enhanced Monitoring of Business Relationships
- Examination of Transactions
- Enhanced, Ongoing Monitoring of Business Relationships
- Gathering Sufficient Information
- Obtaining Senior Management Approval (in case of cross-border correspondent relationship with respondents based in a third country)
- Determining and Documenting Responsibilities
- Taking Required Measures
- Compliance with Supervisory Authority Orders
- Allowing Players to Gamble
- Acceptance of Deposits or Other Repayable Funds
- Allowing Transactions in Specified Ways
- Fulfillment of Information Obligations
- Conducting Transactions on a Payment Account
- Specifying Payment Purpose Upon Supervisory Authority Request
- Complete and Timely Identification
- Delegation of Due Diligence to Third Parties in High-Risk Third Countries
- Timely Provision of Information
- Management of Information on Beneficial Owners
- Notification Obligation Fulfillment
- Unauthorized Electronic Notification to the Registrar
- Fulfillment of Notification Obligation (General)
- Fulfillment of Notification Obligation (Specific)
- Compliance with Documentation Obligation
- Management of Beneficial Owner Information
- Notification Obligation Fulfillment (Specific)
- Correction of Inaccurate Notifications
- Access to Transparency Register under False Pretenses
- Notification Obligation Fulfillment by Obligated Parties
- Provision of Information or Documents by Obligated Parties
- Compliance with Information Requests
- Adherence to Orders or Instructions
- Submission of Reports
- Timely Reporting Post-Detection
- Compliance with Prohibitions
- Provision of Information as Required
- Provision of Information and Documents
- Tolerance of Inspections
Checklist based on Section 56 (2) GwG
- Appointment of a Member of the Management Level
- Appointment of an Anti-Money Laundering Officer (AMLO) or Deputy
- Compliance with Enforceable Orders for Anti-Money Laundering Officers (AMLOs)
- Appointment of a Group Anti-Money Laundering Officer (GAMLO)
- Management of Business Relationships and Transactions
- Execution of Transactions contrary to Regulations
- Notification of Contracting Parties, Clients, or Third Parties in Violation of Regulations
Sources:
https://www.bafin.de/SharedDocs/Downloads/EN/Aufsichtsrecht/dl_gwg_en.html
https://www.bafin.de/SharedDocs/Downloads/EN/Auslegungsentscheidung/dl_ae_auas_gw2021_en.html