OBSERVACIONES REALIZADAS A LA RED DE COMBATE DE DELITOS FINANCIEROS/OBSERVATIONS MADE TO THE FINANCIAL CRIMES ENFORCEMENT NETWORK.
JFMO SERVICIOS EN INTERMEDIACIÓN PÚBLICA, ORGANIZACIÓN CONSULTIVA ESPECIAL DEL CONSEJO ECONÓMICO Y SOCIAL DE LAS NACIONES UNIDAS, COMPARTIMOS LAS OBSERVACIONES REALIZADAS A LA RED DE COMBATE DE SERVICIOS FINANCIEROS DEL DEPARTAMENTO DEL TESORO DE LOS ESTADOS UNIDOS DE AMÉRICA:
ENGLISH VERSION.
JFMO SERVICIOS EN INTERMEDIACIÓN PÚBLICA, SPECIAL CONSULTATIVE ORGANIZATION TO THE UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL, SHARES THE OBSERVATIONS MADE TO THE FINANCIAL SERVICES COMBAT NETWORK OF THE UNITED STATES DEPARTMENT OF THE TREASURY:
We make the following observations based on the allegations made on June 25 regarding money laundering by three Mexican institutions.
The Mexican Government, as part of the Financial Action Task Force (FATF), should have taken the following actions:
Risk assessment: Countries and financial institutions must identify, assess, and understand their ML/TF risks.
1. Customer due diligence (CDD): Know and verify the identity of customers, understand the nature of their business activities, and monitor their transactions.
2. Reporting of suspicious transactions: Financial institutions must report to the competent authorities any transaction that appears to be related to ML/TF.
3. Asset freezing: Implement mechanisms to freeze assets related to terrorism or illicit activities.
4. International cooperation: Promote the exchange of information between national and international authorities.
The allegations made should have complied with the following international regulations and standards:
1. Inadequate Customer Due Diligence (CDD): One of the most common violations is the failure to conduct adequate CDD, which involves a lack of sufficient knowledge of customers, their sources of wealth, and the purpose of their transactions. This allows illicit funds to enter and move through the financial system undetected.
2. Failure to Report Suspicious Transactions (STRs): Financial institutions are required to report unusual or suspicious transactions to authorities. If the banks in question facilitated money laundering, it is likely that they failed to adequately report these transactions, or that internal controls to identify such transactions were deficient.
3. Weak Internal Controls: International regulations require financial institutions to implement robust internal systems and controls to prevent money laundering. This includes staff training, assigning a compliance officer, and conducting internal audits. The allegations suggest that these banks' internal controls may have been ineffective or, at worst, ignored.
4. Transactions with Politically Exposed Persons (PEPs) or High-Risk Individuals: Although not specified, if the funds involved came from cartel criminal activity, this could involve transactions with high-risk individuals or entities, for which enhanced due diligence is required.
5. Active Collaboration (in extreme cases): The most serious investigations may indicate that institutions were not only permissive but actively collaborated with criminal organizations in the transfer of funds, which would constitute a direct violation of anti-money laundering laws.
Not to mention violations of the relevant United Nations Conventions:
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention, 1988).
United Nations Convention against Transnational Organized Crime (Palermo Convention, 2000).
International Convention for the Suppression of the Financing of Terrorism (1999).
United Nations Convention against Corruption (2003).
Obviously, the Mexican government expressly claims collaboration and cooperation without subordination, but that collaboration and cooperation without subordination is with the United States, but it commits acts of omission, opacity, simulation, and involvement in favor of the Mexican cartels currently classified as terrorist groups.
We hope this information is useful and strengthens the work carried out by FinCEN and the Department of the Treasury.
ACUSE DE RECIBO/ACKNOWLEDGEMENT OF RECEIPT.