Post on 28-Jul-2018
transcript
International Sanctions: Countries’ Experience in Dealing with
Sanctions and Public Listings
Police Colonel Seehanat Prayoonrat, Ph.D.(Law)
Acting Secretary-General Anti-Money Laundering Office
Thailand
PROCEDURE OF LISTING AND DELISTING
THE UN LIST IN THAILAND
MFA
Submit the UN list
Endorse the list
Cabinet
MFA
Related Agencies
Related Agencies
AMLO
FI
FI
FI
SANCTIONS IN PENAL CODE
Section 135/4
Any person who is a member of a group
of people classified as a terrorist organization
by either United Nations Security Council
resolution or declaration, which Thailand has
endorsed; that person shall be deemed to
have committed an act of terrorism. The
person shall receive a sentence of
imprisonment not exceeding seven years and
shall pay a fine not exceeding 140,000 baht.
CDD MINISTERIAL REGULATION
• FIs are required to reject relationship with
customer if finds that Customer or Beneficiary owner is on the UN List.
• Such a case shall be reported to AMLO as
STR
• If such attributes are found after the
transactions, relationship shall be
terminated and STR shall be reported to AMLO.
DRAFT FOT ACT
• Procedures for designating a domestic
listing and delisting by AMLB
• Procedures for FIs to take action if they
know or suspect that a person with whom
they have dealings is a natural or legal
person, group or entity designated by the
UN Al-Qaida and Taliban Sanctions
Committee or listed by the AMLB
• Freezing measures shall be taken without delay and prior notice to those on the list.
SANCTION
• If fails to comply with the CDD regulation,
FIs shall receive a fine not exceeding five
hundred thousand Baht and an additional
amount not exceeding five thousand Baht
for each following day that the violation was
not corrected or until the action was carried
out correctly.
• If fails to comply with the FOT Act, FIs and
natural or legal persons are set under the
draft Act for the liability to a fine or an
imprisonment or both
IT SYSTEMS TO FACILITATE THE
IMPLEMENTATION
• Developing an IT system in support of
KYC/CDD activity
‒ KYC/CDD Gateway which will be able to
accommodate verification of persons on
international and domestic designated lists
i.e. UN, OFAC, BOE, Australian lists
‒ The AMLO (domestic) list comprises persons
who were examined or whose asset were
seized or forfeited or prosecuted for predicate
offense or money laundering offense under
the AMLA
CHALLENGES IN PRACTICE
• Insufficient information in the UN list to identify
his/her identity:
‒ A case happened in the southern part of Thailand,
a bank reported to AMLO that it found a customer
name matched with the UN list.
‒ The transaction was freezed and he was
proceeded against under the Solicitation Act. We
can not charge him with terrorism offence because
there is no sufficient confirmed information from the
UN or authorized UN agencies i.e. DOB.
• Another case: A South East Asia customer
identified himself to a bank as business man
but it turned out that his name exactly match
with the UN list. However, what a bank can do
best was rejecting to conduct transaction for
him and reported to AMLO. We cannot take
any further action because cannot confirm
his identity from the information provided in the UN list.
CHALLENGES IN PRACTICE (cont’)
• Besides, the existing law does not allow FIs
to immediately freeze the suspicious
account.
• UN should set up a center or POC to assist
FIs and authorities in identifying and
confirming the listed person’s identity in a
timely manner or;
• UN should have a measure for jurisdictions
that provide a list of people pursuant to
UNSCR 1267 and 1373 to have sufficient information available for indentifying.
CHALLENGES IN PRACTICE (cont’)
Thank you Q&A
Pol.Col. Seehanat Prayoonrat, Ph.D.
Anti-Money Laundering Office
snat@amlo.go.th