Batch Processing
A type of data processing and data communications transmission in which related transactions are grouped
together and transmitted for processing, usually by the same computer and under the same application.
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Batch Transfer
Transfer comprising a number of individual wire transfers that are sent to the same financial institution, and
which may be ultimately intended for different persons.
Bearer Form
In relation to a certificate, share transfer or other document, a bearer form enables a designated investment
or deposit to be sold, transferred, surrendered or addressed to a bearer without the need to obtain further
written instructions.
Bearer Negotiable Instruments
Include monetary instruments in bearer form such as: negotiable instruments (including checks, promissory
notes and money orders) that are either in bearer form, are endorsed without restriction, are made out to a
fictitious payee, or are otherwise in such form that title thereto passes upon delivery.
Bearer Share
Negotiable instruments that accord ownership in a corporation to the person who is in physical possession
of the bearer share certificate.
Bearer Share Certificate
A negotiable corporate share certificate made out to ―Bearer‖ and not in the name of an individual or
organization.
Benami Account
Also called a nominee account. Held by one person or entity on behalf of another or others, Benami
accounts are associated with the hawala underground banking system of the Indian subcontinent. A person
in one jurisdiction seeking to move funds through a hawaladar to another jurisdiction may use a Benami
account or Benami transaction to disguise his/her true identity or the identity of the recipient of the funds.
Beneficial Owner
The natural person who ultimately owns or controls an account through which a transaction is being
conducted. It also incorporates those persons who exercise ultimate effective control over a legal person or
arrangement.
Beneficiary
All trusts (other than charitable or statutory-permitted non- charitable trusts) must have beneficiaries, which
may include the settlor. Trusts must also include a maximum time frame, known as the ―perpetuity period,‖
which normally extends up to 100 years. While trusts must always have some ultimately ascertainable
beneficiary, they may have no defined existing beneficiaries. Trusts may only have objects of a power until
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The latter period is normally co- extensive with the trust perpetuity period, which is usually referred to in
the trust deed as the ―trust period.‖
Biometrics
The science of identifying features that distinguish one person from another. Fingerprinting, voice
recognition and iris (eye) scans are three forms of biometrics technology that may someday render pen-to-
paper signatures outdated. Certain institutions use biometrics to verify the identity of their customers. With
the advent of customer identification regulations, biometric tools may become more common in financial
institutions.
Black Market Peso Exchange (BMPE)
The Colombian Black Market Peso Exchange (BMPE) is
an example of a complex method of trade-based money laundering. The BMPE originally was driven by
Colombia‘s restrictive policies on currency exchange. To circumvent those policies, Colombian businesses
bypassed the government levies by dealing with peso brokers that dealt in the black market or parallel
financial market. Colombian drug traffickers took advantage of this method to receive Colombian pesos in
Colombia in exchange for U.S. drug dollars located in the United States. According to the U.S. State
Department‘s 2007 INCSR, similar black market exchange systems are found in Venezuela and in the tri-
border region of Argentina, Brazil, and Paraguay. Trade goods in Dubai, as well as Chinese and European
manufactured trade items, are being purchased through narcotics-driven systems similar to the BMPE. The
Black Market Peso Exchange system operates through brokers who purchase narcotics proceeds in the
United States from the cartels and transfer pesos to the cartels from within Colombia.
The dollars are placed, that is, ―laundered‖, into the United States financial system by the peso broker
without attracting attention. The dollars are then ―sold‖ by the brokers to businessmen in Colombia (or
other country) who need dollars to buy United States goods for export.
Goods ready for export are often actually paid for by the peso broker, using the purchased narcotics dollars,
on behalf of the Colombian (or other country‘s) importer.
Blank Check Company
A type of company designed to be used by private corporations intending to issue publicly traded shares
through ―reverse mergers‖ without the high expenses involved in making their own initial public offering.
Blank check companies often have few assets, engage in little business activity, and have no business plan
or experienced management.
Bookmaker
A bookmaker accepts bets from individuals on a variety of matters, mostly sporting events. Bookmakers are
vulnerable to money laundering, since launderers may offer their customers money for winning betting
slips, often 7 to 10 percent above the value of the winnings. The launderer then collects clean money from
the bookmaker.
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Branch
A place of business that forms a legally dependent part of a financial institution and carries out directly all
or some of the transactions inherent in the business of that financial institution.
Bureau de Change
Also called ―casa de cambio‖ or ―exchange office,‖ a bureau de change offers a range of services that are
attractive to money launderers: currency exchange and consolidation of small denomination bank notes into
larger ones; exchange of financial instruments such as travelers checks, money orders and personal checks;
and telegraphic transfer facilities. In some countries, such businesses are not as heavily scrutinized for
money laundering as are traditional financial institutions. Also, their customers are often occasional,
making it more difficult for these businesses to ―know their customers.‖
Bust-Out
A scheme in which the use or extension of credit is obtained and is increased fraudulently while the
perpetrators avoid having to pay back the illegally obtained credit or goods. Typically, a bust-out ring will
operate a shell or front business that accepts credit purchases on stolen or fraudulently obtained credit cards.
The criminals run the cards or numbers through credit card terminals, but either do not provide any goods
or services or provide stolen or non-licensed goods. The innocent credit card company credits the account
of the front business. Before the transactions can be reversed, the criminals have moved the funds from the
accounts of the front business.
The cardholders who knowingly participate in these bust-out schemes generally refuse to pay the credit card
companies for their ―purchases.‖ These people have either obtained cards with fraudulent or stolen
identification or otherwise cannot be found. Bust-out schemes have been very popular in creating large
bankruptcy frauds in which business entities secure loans in excess of the actual value of the company or
property and then disappear with the money, leaving the lender to take a substantial loss.
C
Cardholder
Person to whom a financial transaction card is issued, or an additional person authorized to use the card.
Caribbean Financial Action Task Force (CFATF)
A FATF-style regional body comprising Caribbean states, including Aruba, the Bahamas, the British Virgin
Islands, the Cayman Islands and Jamaica.
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Casa de Cambio
See Bureau de Change.
Cash-Based Business
Any business in which customers usually pay with cash for the products or services provided, such as
restaurants, pizza delivery services, taxi financial institutions, coin-operated machines or car washes. Some
money launderers run or use cash-based businesses to commingle illegally obtained funds with cash
actually generated by the business.
Cash Collateralized Loans
A cash collateralized loan has cash deposits as the loan‘s collateral. The cash deposits can sometimes reside
in another jurisdiction.
Cash Deposits
Sums of money placed in a financial institution‘s accounts. Vulnerable to money laundering in the
―placement phase,‖ as criminals move their cash into the non-cash economy by making deposits into
accounts at financial institutions.
Cashier’s Check
Common monetary instrument often purchased with cash. Used for laundering purposes, cashier‘s checks
provide an instrument drawn on a reputable institution, such as a bank or credit union.
CDD
See Customer Due Diligence.
CDPC (French: Comité Européen pour les Problèmes Criminels)
European Committee on Crime Problems of the Council of Europe. A subcommittee of the CDPC is
MONEYVAL, formerly PC-R-EV, the select committee of experts on the evaluation of anti-money
laundering measures in European countries that are not members of FATF.
Certification
A formal assertion in writing which, under the USA Patriot
Act, is used by U.S. regulators in different contexts, including a written statement by a respondent bank
signed by its duly authorized representative certifying that the bank does not do business with shell banks
(under Section 313 of the USA Patriot Act). It can also be a written representation provided by a U.S.
federal agent stating that the matter for which he or she is seeking information from financial institutions
under Sec. 314(a) of the USA Patriot Act regulations is linked to money laundering or terrorist financing.
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Chain Referral Scheme
See Pyramid Scheme.
Chiti Banking
See Alternative Remittance System.
Chop Shop Banking
See Alternative Remittance System.
CICAD (Spanish: Comisión Interamericana para el Control del Abuso de Drogas)
See Organization of American States—Inter-American Drug Abuse Control Commission.
Clearing Account
Also called an ―omnibus‖ or ―concentration account.‖ Held by a financial institution in its name, a clearing
account is used primarily for internal administrative or bank-to-bank transactions in which funds are
transmitted and commingled without personally identifying the originators. The USA Patriot Act prohibits
the use of such accounts for customer transactions.
Collection Accounts
Immigrants from foreign countries deposit many small amounts of currency into one account where they
reside, and the collected sum is transferred to an account in their home country without documentation of
the sources of the funds. Certain ethnic groups from Asia or Africa may use collection accounts to launder
money.
Collective Knowledge
The sum of the knowledge held separately by a financial institution‘s directors, officers and employees
regarding a certain issue, customer or account. The notion of collective knowledge can be used to suggest
corporate responsibility for compliance and liability for non-compliance.
For example, the financial
institution‘s knowledge is the totality of what all of the employees know within the scope of their
employment. So, if Employee A knows one facet of a customer‘s information, B knows another facet of it,
and C a third facet of it, the institution knows all the facets of the customer‘s information.
Commission Rogatoire
Also known as letters rogatory, commission rogatoires are written requests for legal or judicial assistance
sent by the central authority of one country to the central authority of another when seeking evidence from
the foreign jurisdiction. The letter typically specifies the nature of the request, the relevant criminal charges
in the requesting country, the legal provision under which the request is made, and the information sought.
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Concentration Account
See Clearing Account.
Concentration Risk
Concentration risk primarily applies to the asset side of the balance sheet. As a common practice,
supervisors not only require banks to have information systems to identify credit concentrations, but also set
limits to restrict bank exposure
to single borrowers or groups of related borrowers. Without knowing exactly who the customers are
(through Know Your Customer policies) and their relationship with other customers, the bank is not able to
measure its concentration risk, which
is particularly relevant in the context of related counter-parties and connected lending. On the liability side,
concentration risk is associated with funding risk, especially the risk of early and sudden withdrawal of
funds by large depositors that could harm an institution‘s liquidity.
Confidentiality
Keeping certain facts, data and information out of public
or unauthorized view. In the U.S., U.K. and many other jurisdictions, confidentiality is required when filing
suspicious transaction or activity reports — the filing institution‘s employees cannot notify a customer that
a report has been filed. In another context, a breach of confidentiality can occur when an institution
discloses client information to enforcement agencies or a financial intelligence unit in violation of the
jurisdiction‘s bank secrecy laws.
Confiscation
Includes forfeiture where applicable, and means the permanent deprivation of funds or other assets by order
of a competent authority or a court. Confiscation or forfeiture takes place through a judicial or
administrative procedure that transfers the ownership of specified funds or other assets to the state. Upon
transfer, the person(s) or entity(ies) that held an interest in the specified funds or other assets at the time of
the confiscation or forfeiture lose all rights, in principle, to the confiscated or forfeited assets. Confiscation
or forfeiture orders are usually linked to a criminal conviction or a court decision whereby the confiscated
or forfeited property is determined to have been derived from or intended for use in a violation of the law.
Confiscation is a central strategic tool that is required in order to take effective action against money
laundering and terrorist financing. It is crucial
that criminal justice systems make provisions for efficient and effective methods of tracing, freezing and
eventually confiscating proceeds of criminal activity. Mutual legal assistance treaties can provide for
confiscation of assets in one jurisdiction based upon prosecutions elsewhere.
Constructive (Involuntary) Trust Liability
The imposition of trustee obligations upon a financial institution deemed to ―know‖ that property in its
possession belongs to a person other than its client. A financial institution can face the risk of breach
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of trust if it handles or transfers the funds in a manner detrimental to the interests of the rightful owner.
Anti-money laundering specialists should be especially vigilant when there is suspicion that funds may have
been derived from a victim of crime, resulting in the victim‘s loss of funds or property.
Core Principles
Core Principles for Effective Banking Supervision issued by the Basel Committee on Banking Supervision,
the Objectives and Principles for Securities Regulation issued by the International Organization of
Securities Commissions, and the Insurance Supervisory Principles issued by the International Association
of Insurance Supervisors.
Corporate Vehicles
Defined in FATF‘s Consultation Paper as:
1.
Corporations:
(a) Private limited companies and public limited companies whose shares are not traded on a stock
exchange.
(b)International business companies/exempt companies.
2.
Trusts.
3.
Foundations.
4.
Limited partnerships and limited liability partnerships.
Occasionally it is difficult to identify the persons who are the ultimate beneficial owners and controllers of
corporate vehicles, which makes the vehicles vulnerable to money laundering. FATF gives such vehicles
special focus in the revised 40 Recommendations on Money Laundering of 2003, under the section
pertaining to CDD for legal persons and arrangements (Recommendation 5).
Correspondent Banking
The provision of banking services by one bank (the ―correspondent bank‖) to another bank (the ―respondent
bank‖). Large international banks typically act as correspondents for thousands of other banks around the
world. Respondent banks may be provided with a wide range of services, including cash management (e.g.,
interest-bearing accounts in a variety of currencies), international wire transfers of funds, check clearing
services, payable-through accounts and foreign exchange services.
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime
The Convention was adopted by the Committee of Ministers of the Council of Europe in September 1990,
which addressed all types of criminal offenses and thereby has greater impact than the Vienna Convention.
The offense of money laundering was extended to include money laundering associated with
all serious offenses, not just drug trafficking. In May 2005, a revised convention was adopted.
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Counter-Terrorism Committee (CTC)
A United Nations Committee established in 2001 pursuant to Security Council Resolution 1373 (2001).
Concerning counter- terrorism, the CTC consists of all 15 Security Council members. The committee
monitors the implementation of UN Security Council Resolution 1373, and aims to increase the capacity of
member states to fight terrorism financing.
Credit Cards
A plastic card with a credit limit used to purchase goods and services and to obtain cash advances on credit.
The cardholder is subsequently billed by the issuer for repayment of the credit extended. Credit cards may
be used to launder money when payments of the amounts owed on the card are made with criminal money.
Credit Finance
The use of credit to buy expensive items, and the subsequent payment of the borrowed credit with criminal
funds. The criminal borrows funds to purchase a high value asset, such as a yacht, pays off the loan
promptly with cash from illegal proceeds, sells the boat and starts all over again. By paying the credit loans
off with illicit money, money launderers can use credit to finance criminal activity.
Criminal Proceeds
Any property derived from or obtained, directly or indirectly, through the commission of a crime.
Cross Border
Used in the context of activities that involve at least two countries, such as wiring money from one country
to another or taking currency across a border.
Cross-Border Transfer
Any wire transfer in which the originator and beneficiary institutions are located in different jurisdictions. A
cross-border transfer also refers to any chain of wire transfers that has at least one cross-border element.
Cuckoo Smurfing
A form of money laundering linked to alternative remittance systems in which criminal funds are
transferred through the accounts of unwitting persons who are expecting genuine funds or payments from
overseas. The term cuckoo smurfing first originated in investigations in the U.K., where it is a significant
money laundering technique.
Currency
Banknotes and coins that are in circulation as a medium of exchange.
Currency Smuggling
The illicit movement of large quantities of cash across borders, often into countries with strict banking
secrecy, poor exchange controls or poor anti-money laundering legislation.
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Currency Transaction Report (CTR)
A report that documents a currency transaction that exceeds a certain monetary threshold. A CTR can also
be filed on multiple currency transactions that occur in one day that add up to or are greater than the
required reporting amount. In some countries, including the U.S., currency transaction reports must be filed
with government authorities under specific circumstances.
Custodian
A bank, financial institution or other entity that is responsible for managing or administering or safekeeping
assets for other persons or institutions. Typically, custodians are not active, aggressive managers of the
assets in question, but, instead, serve to passively conserve them.
Custody
The act or authority of safeguarding and administration of clients‘ investments or assets.
Customer Due Diligence (CDD)
In terms of money laundering controls, it means implementing adequate policies, practices and procedures
that promote high ethical and professional standards for dealing with customers and are designed to prevent
banks from being used, intentionally or unintentionally, by criminal elements. Customer due diligence
includes not only establishing the identity of customers, but also monitoring account activity to identify
those transactions that do not conform with the normal or expected transactions for that customer or type of
account.
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