Compliance
Hong Kong Regulator Fires Warning About Continued AML Failings

Brokerages in Hong Kong still aren't making the grade in terms of ensuring that illicit funds don't flow through their hands, the jurisdiction's regulator has warned.
Brokerages are falling short in their controls against dirty
money, a Hong Kong regulator has warned, highlighting how
anti-money laundering remains a hot compliance topic in Asia as
recently demonstrated by the drama around Malaysian state-run
fund 1MDB.
Hong Kong’s Securities
and Futures Commission is probing several cases of SFC
licensed brokerages with suspected inadequate anti-money
laundering internal controls and it expects to bring a number of
enforcement proceedings as a result, it said in a statement this
week. The watchdog did not identify any brokerages by name or say
which ones might be at fault.
The licensees are expected to build on internal controls
“immediately” because they have had “ample time” to do so since
the Anti-Money Laundering and Counter-Terrorist Financing
(Financial Institutions) Ordinance (AMLO) and the SFC Guideline
on Anti-Money Laundering and Counter-Terrorist Financing
(Guideline) came into force in 2012.
While there is much commentary and regulatory noise about the
need to stamp out illicit money, the fact that the SFC felt it
necessary to issue such a blunt statement suggests much work
needs to be done to succeed. Earlier in the summer this year, in
rival wealth hub Singapore, the Monetary
Authority of Singapore moved to revoke the private
banking licence of a local business of BSI, citing gross
misconduct and other failings related to how transactions were
handled. A number of other banks have been warned they face
punishment about such transactions, linked to transfers involving
1MDB. (See
more details here.)
On-site inspections of licensees, and AML investigations, have
revealed a raft of abuses, the SFC said. Examples include failing
to scrutinise cash and third party deposits into customer
accounts; ineffective monitoring of transactions in customer
accounts; failure to take adequate measures to continuously
monitor business relationships with customers which present a
higher risk of money laundering; inadequate enquiries made to
assess potentially suspicious transactions to determine whether
or not it is necessary to make a report to the Joint Financial
Intelligence Unit, and lack of documentation of the assessment
results, and failure to monitor and supervise the ongoing
implementation of anti-money laundering and counter-terrorist
financing policies and procedures.