Isle of Man

COMMITTEE OF EXPERTS ON THE EVALUATION OF ANTI-MONEY LAUNDERING MEASURES AND THE FINANCING OF TERRORISM (MONEYVAL)

MONEYVAL(2018)9_SR

Anti-money laundering and counter-terrorist financing measures

Isle of Man

Fifth Round of Mutual Evaluations 1st Enhanced Follow-up Report Summary Report

July 2018

Follow-up report ow-up report

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The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism MONEYVAL is a permanent monitoring body of the Council of Europe entrusted with the task of assessing compliance with the principal international standards to counter money laundering and the financing of terrorism and the effectiveness of their implementation, as well as with the task of making recommendations to national authorities in respect of necessary improvements to their systems. Through a dynamic process of mutual evaluations, peer review and regular follow-up of its reports, MONEYVAL aims to improve the capacities of national authorities to fight money laundering and the financing of terrorism more effectively.

All rights reserved. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. For any use for commercial purposes, no part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-ROM, Internet, etc.) or mechanical, including photocopying, recording or any information storage or retrieval system without prior permission in writing from the MONEYVAL Secretariat, Directorate General of Human Rights and Rule of Law, Council of Europe (F-67075 Strasbourg or moneyval@coe.int)

The 1st Enhanced Follow-up Report on Isle of Man and the Summary Report in Annex A were adopted by the MONEYVAL Committee at its 56th Plenary Session (Strasbourg, 2-6 July 2018).

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CONTENTS I. INTRODUCTION.........................................................................................................................................................................4 II. FINDINGS OF THE MUTUAL EVALUATION REPORT..............................................................................................4 III. OVERVIEW OF PROGRESS TO IMPROVE TECHNICAL COMPLIANCE............................................................5

3.1. Progress to address technical compliance deficiencies identified in the MER...............................5 3.2. Progress on Recommendations which have changed since adoption of the MER........................10 CONCLUSION............................................................................................................................................................................. 13 GLOSSARY OF ACRONYMS.....................................................................................................................................................15

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Isle of Man: 1st Enhanced Follow-up Report

I.

INTRODUCTION

1.

The mutual evaluation report (MER) of the Isle of Man was adopted in December 2016. The

report analyses the progress of the Isle of Man in addressing the technical compliance (TC)

deficiencies identified in its MER, as well as the implementation of new requirements relating to

FATF Recommendations which have changed since the MER was adopted (Recommendations 5, 7, 8,

18 and 21). The expectation is that countries will have addressed most if not all TC deficiencies by

the end of the third year from the adoption of their MER. This report does not address what progress

the Isle of Man has made to improve its effectiveness.

II.

FINDINGS OF THE MUTUAL EVALUATION REPORT

2.

The MER rated1 the Isle of Man as follows:

IO 1 IO 2 IO 3 IO 4 IO 5 IO 6 IO 7 IO 8 IO 9 IO 10 IO 11

SE

SE

ME ME ME

LE

LE

LE

ME ME ME

R 1 LC R 11 LC R 21 LC R 31 C

R 2 C R 12 LC R 22 LC R 32 LC

R 3 C R 13 C R 23 PC R 33 LC

R 4 LC R 14 LC R 24 PC R 34 LC

R 5 LC R 15 C R 25 PC R 35 PC

R 6 LC R 16 PC R 26 LC R 36 LC

R 7 LC R 17 LC R 27 LC R 37 LC

R 8 LC R 18 LC R 28 LC R 38 LC

R 9 C R 19 C R 29 LC R 39 C

R 10 LC

R 20 C

R 30 C

R 40 LC

3.

Given these results, the Isle of Man was placed in enhanced follow-up.

4.

The Isle of Man has submitted requests for re-ratings in relation to R.6, R.16, R.23, R.24,

R.25, R.29, R.32, R.33, R.35 and R.40.

5.

The assessment of the Isle of Man's request for TC re-ratings and the preparation of this

report were undertaken by the following Rapporteur teams (together with the MONEYVAL

Secretariat):

? Estonia

? Poland

6.

Section III of this report summarises the progress made to improve TC. Section IV sets out

the conclusion and a table showing which Recommendations have been re-rated.

1 There are four possible levels of technical compliance: compliant (C), largely compliant (LC), partially compliant (PC) , and non-compliant (NC).

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III. OVERVIEW OF PROGRESS TO IMPROVE TECHNICAL COMPLIANCE

7.

This section summarises the progress made by the Isle of Man to improve its technical

compliance by:

a) Addressing the TC deficiencies identified in the MER, and

b) Implementing new requirements where the FATF Recommendations have changed since the MER was adopted (R.5, R.7, R.8, R.18 and R.21).

3.1. Progress to address technical compliance deficiencies identified in the MER

8.

The Isle of Man has made progress to address the TC deficiencies identified in the MER. As a

result of this progress, the Isle of Man has been re-rated on Recommendations 5, 6, 16, 24, 29, 32, 33

and 35.

Recommendation 6 (Originally rated LC ? re-rated as C)

9.

The Isle of Man was rated LC with R.6 in light of the following gaps: the freezing obligation

did not cover a sufficiently broad range of assets under the EU framework implementing UNSCR

1373; there were no publicly available procedures to deal with "false positives"; and no further

guidance was available on obligations to respect de-listing or unfreezing action.

10. Sanctions Notice 26, which provides general information about TFS, including in relation to TF, was updated on 13 January 2017 to provide information on the treatment of "false positives". Sanctions Notice 26 was further updated on 7 March 2017 to provide information on how Island businesses will be notified of a removal from a sanctions list, what to do and how to record any action taken. News releases were published on 25 January and 8 March 2017 to inform the general

public of the updates.

11. Although EU Regulation 2580/2001 does not cover all the categories of funds and other assets to be frozen under c.6.5.b, the Isle of Man clarified in Customs & Excise (CED) paper to FCSB (Paper 030/17) that new domestic legislation (Terrorism and Other Crime (Financial Restrictions) Act, Sections 5A and 44) establishes a freezing obligation that extends to funds and other assets

wholly or jointly, and directly or indirectly, owned or controlled by designated entities.

12. The Isle of Man has addressed the deficiencies under c.6.6. The Isle of Man is re-rated as C with R.6.

Recommendation 16 (Originally rated PC ? re-rated as C)

13.

In the 5th Round MER, the main deficiencies noted under R.16 were related to the absence

of obligations on beneficiary information; the lack of an obligation to verify payer information in all

required cases; the absence of a prohibition for ordering institutions to execute wire transfers that

do not comply with the requirements; and the limited requirements for intermediate institutions.

14. EU Regulation 2015/847, which replaced EU Regulation 2006/1781, was introduced in the Isle of Man's law via the European Union (Information Accompanying transfers of Funds) (Amendment) Order 2017, which came into operation on 23 June 2017. The new EU Regulation requires that wire transfers should be accompanied by beneficiary information (Art.4 to 6); that payer information needs to be verified below the EUR 1,000 threshold if the financial institution (FI) has reasonable grounds for suspecting ML/TF (Art.6(2)); that the ordering FI should not execute

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