Modern determinants of assessing the risk of legalization of criminal proceeds in banks

V. Kovalenko, Anastasiia Yehorova
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Abstract

Introduction. In recent years, there has been a tendency to simultaneously increase requirements in terms of reserve capital, combating money laundering and terrorist financing, which has led to a significant increase in the corresponding costs for banks around the world. Banks that provide services such as depositing, lending, transferring funds or assets from one institution to another without taking into account geographical restrictions are most often used for money laundering. Problem Statement. It has been proven that the entrenchment of shadow schemes by economic entities conducting various operations, the introduction of the latest technologies into the financial sphere, as well as the rapid development of the cryptocurrency market have led to a growing trends in legalization of criminal proceeds involving financial institutions. Purpose. Generalization of the key provisions and practices of international standards, analysis of the use of a risk-oriented approach by countries in ensuring countermeasures against money laundering and terrorist financing, systematization of the provisions of risk management of money laundering, financing of terrorism and proliferation of weapons of mass destruction in foreign practice and their introduction into domestic banking practice. Methods. General scientific and special methods are used: analysis, synthesis, grouping, description, comparison, theoretical generalization and cluster analysis. Results. The factors that form the risks of legalization of criminal proceeds are studied by such components as threats, vulnerability and consequences. The main components of the risk management system of the legalization of criminal proceeds are singled out, namely: stages of identification and analysis of the risk of legalization of criminal proceeds , principles, functions, risk assessment methods, security systems and strategies for managing the risks of legalization. The article proposes a methodology for assessing the risk of legalization of criminal proceeds in banks using the clustering method. Conclusions. The national money laundering risk assessment system should be based on a unified approach that provides for the identification of clients of financial institutions, the processing of information by regulatory and supervisory authorities, supervision by regulatory authorities and financial intelligence units and the assessment of AML/CFT risks, the comparison of data of financial institutions with data of law enforcement agencies to determine the vulnerabilities of the system of combating the legalization of criminal proceeds and financing of terrorism. Threats caused by the latest state of operation of Ukrainian banks, the development of measures to further reduce their involvement in money laundering and terrorist financing schemes require further research.
银行犯罪收益合法化风险评估的现代决定因素
介绍。近年来,在打击洗钱和恐怖主义融资方面,有同时提高储备资本要求的趋势,这导致世界各地银行的相应成本大幅增加。在不考虑地域限制的情况下提供存款、贷款、资金或资产从一个机构转移到另一个机构等服务的银行最常被用于洗钱。问题陈述。事实证明,开展各种业务的经济实体的影子计划,将最新技术引入金融领域,以及加密货币市场的快速发展,导致涉及金融机构的犯罪收益合法化的趋势日益增长。目的。概括国际标准的关键条款和做法,分析各国在确保反洗钱和恐怖主义融资方面采用风险导向方法的情况,将外国实践中洗钱、恐怖主义融资和大规模杀伤性武器扩散的风险管理条款系统化,并将其引入国内银行业实践。方法。一般的科学方法和特殊的方法:分析、综合、分组、描述、比较、理论概括和聚类分析。结果。构成犯罪收益合法化风险的因素由威胁、脆弱性和后果等组成部分来研究。指出了犯罪收益法制化风险管理体系的主要组成部分,即:犯罪收益法制化风险的识别与分析阶段、犯罪收益法制化的原则、功能、风险评估方法、安全保障体系和风险管理策略。本文提出了一种利用聚类方法评估银行犯罪收益合法化风险的方法。结论。国家洗钱风险评估体系应基于统一的方法,规定金融机构客户的识别、监管和监管部门对信息的处理、监管部门和金融情报部门的监督以及“反洗钱”/“反恐融资”风险的评估。将金融机构的数据与执法机构的数据进行比较,以确定打击犯罪收益合法化和恐怖主义融资制度的脆弱性。乌克兰银行的最新经营状况所造成的威胁,以及制定进一步减少其参与洗钱和恐怖主义融资计划的措施,都需要进一步研究。
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