Fortifying a risk-based approach in the South African AML/CFT process

The purpose of this paper is evaluate the provisions of Financial Intelligence Centre Act Amendment Bill, 2016 which intends to give effect to the implementation of the envisioned risk-based approach in anti-money laundering/combating financing of terrorism (AML/CFT) processes, as well as the extent to which the provisions address certain technical shortcomings elucidated in 2009 Mutual Evaluation Report concerning South Africa’s AML/CFT’s framework.

Sources of information consisted of scholarly articles, articles retrieved from the Web, news reports, reports published by national and international regulatory bodies, legislation and draft legislation.

Findings suggest that the South African legislature not only addresses the particular shortcomings specifically highlighted in the 2009 Mutual Evaluation Report comprised by the Financial Action Task Force but also requires the establishment of a framework for the realisation of a risk-based approached in every “risk” scenario and on an on-going basis.

Accountable institutions will be required to establish and implement a Risk Management and Compliance Program which must provide both the framework and the strategy for the execution of the risk-based approach when establishing a business relationship, during the course of administrating the business relationship as well as when concluding any single transaction in pursuit of the business relationship.

This paper serves to alert accountable institutions, compliance and corporate governance professionals and AML and counter-terrorist financing practitioners of the risk-based approach South African accountable institutions will be obliged to implement in their AML/CFT processes, the extent to which a risk-based approach must be incorporated and the aspects that must be provided for in terms of the mandated Risk Management and Compliance Program once the Financial Intelligence Centre Act Amendment Bill, 2016 is signed into law.